CHANDRAN Vs. STATE

JUDGEMENT

(1.) THE petitioner is the father of the detenu, Dhanasekaran. The detenu was incarcerated by order dated 4. 7. 2007 of the second respondent under the provisions of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982) branding him as a Goonda. Hence, the petitioner seeks a writ of Habeas Corpus to call for the records in connection with the order of detention passed by the second respondent dated 4. 7. 2007 in Memo No. 290/bdfgissv/2007 against his son, Dhanasekaran, who is now confined at Central Prison, Puzhal, Chennai, to set aside the same and to direct the respondents to produce the above said detenu before this Court and set him at liberty.

(2.) ON the basis of a complaint lodged by one Baskar that on 16. 6. 2007 at 10. 00 hours, the detenu herein threatened him at the knife point and forcibly took Rs. 300/- from his shirt pocket and a wrist watch and also threatened the public who came for his rescue that they would be killed and hurled the soda water bottles against them and made them to run on all sides seeking shelter resulting in traffic dislocation, the detenu was arrested and a case was registered in Crime No. 388/2007 on the file of M5 Ennore Police Station, for the offence punishable under Sections 341, 336, 427, 392 r/w 397, 506 (ii) and 307 IPC.

(3.) THE second respondent, taking note of the above case as a ground case and three adverse cases pending against the detenu in Crime Nos. 378, 383 and 386 of 2007 on the file of M5 Ennore Police Station for the offences punishable under Sections 341, 323, 307, 384, 506 (ii), 294 (b) and 352 IPC and having satisfied that there is a compelling necessity to detain the detenu in order to prevent him from indulging in the activities which are prejudicial to the maintenance of public order, ordered his detention dubbing him as a Goonda.