JOSE ALIAS MARIYADOSS Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE second respondent herein clamped an order of detention as against the petitioner/detenu viz. , Jose @ Mariyadoss, son of Soosairaj, 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 petitioner himself has come forward with the present Habeas Corpus Petition seeking a writ of habeas corpus to call for the records pertaining to the detention order passed against the detenu by the second respondent in Proceedings No. 355/2007, dated 28. 7. 2007, set aside the same and to direct the respondents to produce the body of the detenu, now detained at Central Prison, Chennai before this Court and set him at liberty.

(3.) 3. 1. The order of detention dated 28. 7. 2007 was passed on the basis of ground case in Crime No. 629 of 2007 for alleged commission of offences under Sections 341, 336, 392 and 506 (ii) IPC, complaint of which was lodged by one Sudhagar. According to the complainant, on 8. 7. 2007, while he was proceeding at Indira Nagar near Youth Hostel to attend his work along with his brother Lokesh, the detenu herein and his associates Selvam and Lakshmanan came in a cycle and wrongfully restrained the complainant and his brother. Further, the detenu and his associates snatched two cell phones and a wrist watch from the complainant and his brother at the knife point. When the complainant raised hue and cry, the detenu and his associates tried to escape from the spot. On hearing the hue and cry of the complainant, the public at the spot came for his rescue. On seeing the public, the detenu and his associates picked up stones from the road side and pelted the same against them. The stones fell on the road side and scattered all over the road. Further, the detenu and his associates threatened the public by brandishing knife and uttering filthy words. The public ran to safer places out of fear of danger to their lives and properties, and thus the detenu created terror and panic at the spot. However, the complainant with the help of public apprehended the detenu and his associates and handed over them to the Inspector of Police, J6 Thiruvanmiyur Police Station. Based on the complaint given by the complainant, a case, as stated above, was registered.