KALAIYARASI Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) THE second respondent herein clamped an order of detention as against the detenue - Suriya alias Kamalakannan, brother of the petitioner, as the said authority arrived at the subjective satisfaction that the said detenu is a Goonda and he has to be detained under Section 3 (1) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Officers, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982 ).

(2.) 2. 1. The order of detention dated 8. 4. 2007 came to be passed by the second respondent on the basis of the ground case in Crime No. 168 of 2007 on the file of Kavindapadi Police Station for the offences punishable under Sections 392 read with 397 IPC and 25 (1) (B) (a) of Indian Arms Act, complaint of which was given by one Sivaprakash. On 26. 2. 2007, the complainant along with his wife were on their way to Kuttaigoundenpudur from Erode at 7. 30 pm in motorcycle. When they were near Angalamman Koil on the eastern side of Ayyampalayam pirivu, Kavandapadi, a Tata Sumo Car came speedily and halted, obstructing their way. Three persons got down from the car, two of them were armed and threatened to part with the jewels worn by the wife of the complainant. One accused snatched the hand bag of the wife of the complainant. The complainant and his wife raised alarm and on hearing the same, the nearby public came. The accused seeing this sped away towards Gobichettipalayam. The Inspector of Police, Kavindapadi Police Station took up the case for investigation and the detenu was arrested on 26. 2. 2007. 2. 2. Apart from the above, the detaining authority also took note of four adverse cases pending against the detenu, viz. , Crime No. 513 of 2003 on the file of Pudukottai District Alangudi Police Station for the offence punishable under Section 379 IPC; Crime No. 70 of 2005 on the file of Kavindapadi Police Station for the offence punishable under Section 394 IPC; Crime No. 175 of 2007 on the file of Kavindapadi Police Station for the offence punishable under Section 379 IPC; and Crime No. 126 of 2007 on the file of Gobichettipalayam Police Station for the offence punishable under Section 379 IPC. 2. 3. The detaining authority, having satisfied that the detenu is indulging in activities which are prejudicial to maintenance of public order, passed the impugned order.

(3.) CHALLENGING the said detention, the sister of the detenu has come forward with the present Habeas Corpus Petition seeking a writ of habeas corpus to direct the respondents to produce the records pertaining to the detention of the detenu, by order of detention passed by the second respondent in Cr. M. P. No. 6/2007 C1, dated 8. 4. 2007, to set aside the same and to direct the second respondent to cause production of body and person of the detenu, who is now confined in Central Prison at Coimbatore before this Court and to set him at liberty.