D POOMANI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner, wife of the detenu by name David, who was incarcerated at Central Prison, Cuddalore, by an order dated 9. 9. 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, seeks a writ of Habeas Corpus to call for the records in connection with the order of detention passed in C2/39794/2007, to quash the same and to direct the respondents to produce the detenu before this Court and set him at liberty.

(2.) THE ground case, which led to the passing of the order of detention, was registered on the basis of the complaint given by one Ravi. According to the complainant, on 16. 8. 2007 at about 12. 30 hours, when he along with two others was standing near Savitha Theatre, the detenu and another, who were already known to the complainant, came to the complainant and demanded Rs. 2,000/- and when the complainant refused, the detenu and the other person took veecharuvals and inflicted cut injuries and snatched Rs. 950/- from his shirt pocket. When the general public, who gathered there, tried to catch hold of the accused, they picked up soda bottles and hurled against the public, which scattered all over the road. Out of fear and danger to their lives, the public ran helter shelter and the accused wielded their aruvals against the public, resulting in the traffic dislocation and panic situation and taking advantage of the same, the accused persons escaped from the spot along with the robbed amount. Based on the complaint, a case was registered on the file of Villupuram Town Police Station in Crime No. 572 of 2007 for the offence under Section 397 IPC and the detenu was arrested and produced before Judicial Magistrate No. I, Villupuram, who remanded him to judicial custody.

(3.) THE second respondent, taking note of the above ground case and finding two adverse cases on the file of same police station, in Crime Nos. 323/07 and 594/2007 for offences under Sections 147, 148, 307, 294 (b) IPC. and also under Section 3 of the Explosives Substances Act, 1908, having satisfied that there is compelling necessity to detain the detenu in order to prevent him from indulging in such activities which are prejudicial to the maintenance of public order, ordered his detention dubbing him as a Goonda.