RAMESH ALIAS KOTHALI RAMESH Vs. STATE

JUDGEMENT

(1.) THE petitioner challenges the detention order dated 15. 12. 2006, whereby the Petitioner's brother Suresh @ Baba Suresh was detained, branding him as 'Goonda' under 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 " H6 Dr. R. K. Nagar Police Station [Cr. No. 552/2005 under Ss. 341, 384 and 506(2) IPC]; H6 Dr. R. K. Nagar Police Station [Cr. No. 1873/2005 under Ss. 341, 323, 384 and 506(2) IPC]; H6 Dr. R. K. Nagar Police Station [Cr. No. 751/2006 under Ss. 294(b), 324 IPC @ to 307 r/w 34 IPC]. On 12. 01. 2006, the detenu and his associates are alleged to have attempted on the life of the defacto complainant one Gopal and caused damage to the vehicles parked in that area, regarding which a case was registered in H6 Dr. R. K. Nagar Police Station [Cr. No. 844/2006 under Ss. 147, 148, 336, 427, 307 and 506(2) IPC]. On the same day, the detenu and his associates are alleged to have committed theft relieving the defacto complainant of cash of Rs. 25,000/-, regarding which a case was registered in Cr. No. 845/2006 on the same police station.

(3.) THE question falling for consideration is, 'whether on the basis of material, the order of detention was justified even though the detenu was in custody on the date of issuance of the order of detention'.