SOMASUNDARI Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) THE second respondent herein clamped an order of detention as against the 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.) 1. The order of detention dated 16. 6. 2007 was passed on the basis of ground case in Crime No. 488 of 2007 for alleged commission of offences under Sections 341, 336, 397 and 506 (2) IPC, complaint of which was lodged by one rajendran. According to Rajendran, on 27. 5. 2007, while he was proceeding to Kalashetra Road near the Pillaiyar Temple junction a share auto bearing Reg. No. TN 07 AE 8618 crossed him and stopped and eight persons, including the detenu were in it. Four of them got down from the share auto. The associates of the detenu, Vijayakumar and Arul inserted hands into the shirt pocket of the complainant and took away cell phone and cash of Rs. 200/- and threatened to kill him. When the detenu and others got into auto and tried to escape, the complainant raised hue and cry and hearing that again accused and his associates got down from the auto and pelted stones on him. The public who were at the spot noticing the atrocious activities ran for safer places out of fear of danger to their lives and properties. Based on the complaint given by him a case, as stated above, was registered and the detenu was arrested. 2. 2. Apart from the above, the detaining authority also took not of the four adverse cases pending against the detenu, viz. , i. Crime No. 73 of 2007 registered on the file of thiruvanmiyur Police Station for the offence punishable under Sections 392 and 397 of IPC with reference to the occurrence said to have taken place on 25. 1. 2007; ii. Crime No. 438 of 2007 registered on the file of thiruvanmiyur Police Station for the offence punishable under Sections 392 and 397 of IPC with reference to the occurrence said to have taken place on 11. 5. 2007; iii. Crime No. 478 of 2007 registered on the file of thiruvanmiyur Police Station for the offence punishable under Sections 395 and 397 of IPC with reference to the occurrence said to have taken place on 25. 5. 2007; and iv. Crime No. 479 of 2007 registered on the file of thiruvanmiyur Police Station for the offence punishable under Sections 395 and 397 of IPC with reference to the occurrence said to have taken place on 25. 5. 2007. 2. 3. The detaining authority, having satisfied that the detenu is indulging in activities which are prejudicial to maintenance of public order, passed the impugned order.

(3.) CHALLENGING the said detention, the wife of the detenu has come forward with the present Habeas Corpus petition seeking a writ of habeas corpus to call for the records in connection with the order of detention passed by the second respondent dated 16. 6. 2007 against the detenu, who is now confined at Central Prison, Chennai, to set aside the same and to direct the respondent to produce the detenu before this Court and to set him at liberty.