VASUKI Vs. DISTRICT COLLECTOR AND DISTRICT MAGISTRATE KANCHEEPURAM

JUDGEMENT

(1.) ALL the Habeas Corpus Petitions filed on behalf of the detenus were heard together and are being disposed of by this common order, as the basic allegations are common.

(2.) THE first respondent herein clamped orders of detention as against the detenus as the said authority arrived at the subjective satisfaction that the said detenus are Goondas and they have 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 ). Challenging the abovesaid detention orders, the present Habeas Corpus Petitions are filed by the relatives of the detenus.

(3.) 3. 1. The order of detention dated 24. 7. 2007 came to be passed based on the ground case said to have taken place on 22. 6. 2007 at about 17. 45 hours, when one Parthiban, who was in-charge of a Cool Drinks Stall situated at Guduvancherry bazzaar, was doing his work, the detenus along with his associates came in two cars under the guidance of one Guna @ Gunasekaran by possessing weapons like aruva, patta knife, wooden logs and apprehended the complainant within the shop and robbed Rs. 1100/- from him. On hearing the hue and cry, the public rushed to the spot and they were threatened by the detenus and his associates at the point of knife and country bombs by uttering that they would do away them. The public ran hither and thither apprehending danger to their lives and the nearby shops were closed, resulting in traffic dislocation. Due to the atrocious activities, the normalcy in that area got dislocated and terror and panic was created. In the melee, the detenus and his associates escaped from the spot. Based on the complaint, a case was registered in Crime No. 331 of 2007 on the file of Guduvancheri Police Station for the offences punishable under Sections 147, 148, 341, 506 (ii), 395, 397 IPC read with Sections 3 and 5 of the Indian Explosive Substances Act, 1908 and Section 25 (1) (a) (1) (b) of the Arms Act. The Inspector of Police took up the case for investigation and arrested the detenus and remanded them to judicial custody.