MAHALAKSHMI Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) CHALLENGE in this Habeas Corpus Petition is to the detention order dated 10.01.2007, whereby the Petitioner's husband Jegadeesh @ Jegadeesan was detained under Act 14/1982, branding him as "Goonda" as contemplated under Section 2(f) 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].

(2.) THE detenu had earlier come to adverse notice in three cases - Pudukottai P.S. Cr.No.345/2002 under Ss.148, 149, 302 r/w 34 IPC; Authoor P.S. Cr.No.111/2006 under Ss.341, 385, 506(ii) IPC; Authoor P.S. Cr.No.206/2006 under Ss.324, 323, 294(b), 506(ii) IPC. Fearing the detenu, Murugesan, defacto complainant in Cr.No.206/2006 shifted his family from Koluvai Nallur and settled at Kalvilai Village near Meignanapuram. On 28.12.2006 at about 8 a.m., the detenu is alleged to have attempted on the life of the said Murugesan by hurling country bombs. On the complaint lodged by the said Murugesan, a case was registered in Cr.No.272/2006 under Ss.307, 294(b), 506(ii) IPC and 3(a) of Explosive Substances Act. THE detenu was arrested and remanded to judicial custody. On being satisfied that the activities of the detenu are prejudicial to the maintenance of public order, detention order was clamped on him.

(3.) FOR Authoor P.S. Cr.No.111/2006, date of occurrence is 09.07.2006 on which date, the detenu is alleged to have threatened the complainant and demanded Rs.100/-. On the basis of complaint lodged by the complainant, Uruntai Mani, case was registered in Cr.No.111/2006 under Section 341, 385 and 506 IPC of Authoor P.S. In the requisition for remand [booklet page 56], the date of occurrence is stated as 09.02.2006 instead of 09.07.2006.