ELLUMALAI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) CHALLENGING the order of detention dated 5. 7. 2007 made in D. O. No. 30/2007-C2, passed by the second respondent branding the petitioner as a 'goonda' 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), the petitioner, who is now confined in Central Prison, Vellore, has filed this Habeas Corpus Petition to set aside the order of detention and directing the respondents to produce him before this Court and set him at liberty.

(2.) THE ground case based on which the impugned order of detention has been passed is that on 15. 4. 2007 at about 1800 hours, when one Raghupathi, the complainant was going to Bazar by bicycle, the detenu waylaid and pulled his shirt, took out a knife and snatched Rs. 300/- from the shirt pocket of the complainant. When the complainant shouted for rescue, the public tried to catch him, but the detenu threw soda bottles and threatened them by showing pen knife, and taking advantage of the situation, the detenu escaped. Based on the complaint given by the complainant, a case in Crime No. 221 of 2007 has been registered on the file of for offences punishable under Sections 341, 294 (b), 392 and 506 (2) I. P. C. and the detenu was arrested and sent for judicial remand.

(3.) TAKING into consideration the above said ground case as well as twenty eight adverse cases, which are for the offences punishable under Sections 457 (ii), 380 read with 75, 380, 379 read with 75 IPC, the second respondent/detaining authority 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.