(1.) THE second respondent herein clamped an order of detention as against the petitioner/detenu, 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.) CHALLENGING the abovesaid detention, the detenu himself has preferred this Habeas Corpus Petition seeking a writ of habeas corpus to call for the entire records leading to his detention vide detention order dated 28. 2. 2007 on the file of the second respondent in proceedings No. C/19/g/is/2007, to set aside the same and to direct the second respondent to produce the petitioner, now confined in Central Prison, Coimbatore, before this Court and to set him at liberty.
(3.) 3. 1. The order of detention dated 28. 2. 2007 was passed on the basis of ground case in Crime No. 155 of 2007 for alleged commission of offence under Section 394 of the Indian Penal Code, complaint of which was given by one Shankar. The allegation against the detenu was that on 10. 2. 2007 at 0900 hours, while the complainant was proceeding to Anna Market at Saibaba Colony, in front of Medical Store, the detenu asked him to stop, threatened him to part with money, and by brandishing a knife forcibly snatched Rs. 175/- from his pocket. When the complainant raised an alarm, on hearing the same, the public came to his rescue, but the detenu brandished knife and threatened to kill them and escaped from the scene of occurrence. On seeing the atrocious activities, people ran helter shelter. On the complaint of the said Shankar, a crime, as stated above, was registered and pursuant to the investigation, the detenu was arrested. 3. 2. That apart, the detaining authority also took note of the five adverse cases pending against the detenu, viz. , Crime Nos. 1311, 1466, 1464, 1465 and 1463 of 2006 all registered on the file of Saibaba Colony Police Station for the offences punishable under Sections 457 and 380 read with 75, 379 read with 75 of the Indian Penal Code. 3. 3. Considering these activities of the detenu are prejudicial to maintenance of public order, the detaining authority passed the impugned order. The detenu was declared as an "goonda" and was kept in custody at Central Prison, Coimbatore.