VAIRAM ALIAS VAIRAMUTHU Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) (ORDER of this Court was made by P. D. DINAKARAN,j.)The petitioner, Vairam @ Vairamuthu, son of Veluchamy, who is the detenu, who was incarcerated by order dated 5. 3. 2007 of the second respondent under Section 3 (1) 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) branding him as a Goonda, has preferred this writ petition for issue of a Writ of Habeas Corpus to call for the records in connection with the order of detention passed by the second respondent dated 5. 3. 2007 in Cr. M. P. No. 7/2007/goonda against the petitioner, now confined at Central Prison, Madurai, to set aside the same and to direct the respondents to produce the above said detenu before this Court and set him at liberty.

(2.) THE order of detention dated 5. 3. 2007 came to be passed based on the ground case said to have taken place on 31. 1. 2007 at about 11. 00 hours, on the basis of the complaint lodged by one Sankar before the Inspector of Police, Krishnankovil Police Station. According to the complainant, while he was walking near Ambedkar statue in Sundarapandian Bazar, the detenu along with one Ravi @ Ravichandran @ Ravikumar @ Naina Ravi came in a motor cycle and demanded money. When the complainant refused, both of them forcibly took away a sum of Rs. 210/- from his shirt packet by threatening him. When the complainant asked to return the money, the detenu attempted to cut his head with a long knife by uttering filthy words. The complainant escaped from the cut by bending his body. The other person also threatened the complainant and the general public, who were waiting for bus, by brandishing a long knife. They also picked up soda bottles from the nearby shops and thrown on the road side. The bottles fell on the road and scattered all over the road. The public apprehending danger to their lives ran for safety, shop vendors closed the shops and the entire traffic came to standstill causing insecurity in the minds of the public. Both of them decamped from the scene of occurrence. In this regard, a case was registered in Crime No. 38 of 2007 on the file of Krishnankovil Police Station under Sections 341, 294 (b), 397, 506 (ii), 427 and 307 IPC.

(3.) THE second respondent, taking note of this case as a ground case and finding that there is an adverse case pending against the detenu in Crime No. 121 of 2007 on the file of Srivilliputtur Town Police Station for the offences punishable under Sections 147, 148, 307, 302 and 109 IPC, and having satisfied that there is a compelling necessity to detain him in order to prevent him from indulging in the activities which are prejudicial to the maintenance of public order, ordered his detention dubbing him as a Goonda.