KALAIVANI Vs. SECRETARY TO GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner is the daughter of one Bogi Mani @ Subramani, who has been clamped an order of detention second respondent herein, as the said authority arrived at the subjective satisfaction that the said detenu is a Goonda and he has to be detained under the provisions 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.) 2. 1. The order of detention dated 25. 7. 2007 came to be passed by the second respondent on the basis of the ground case in Crime No. 44 of 2007 on the file of Thiruvalangadu Police Station for the offences punishable under Sections 147, 148, 341, 324, 323, 307 and 302 IPC, based on the statement given by Karthikeyan. On 5. 6. 2007, the complainant went to the house of one Mariadoss to attend a birthday party. At that time, the detenu and his associates, armed with knife, iron rods and wooden rods, surrounded Mariadoss and hacked him to death, due to previous enmity. They also attacked the complainant on his forehead and legs. They also attacked the brothers of the complainant and Asaithambi, Soundararajan, Saminathan and Sharmila. Based on the complaint, the case was taken up for investigation and the detenu was arrested.

(3.) CHALLENGING the said detention, the detenu has come forward with the present Habeas Corpus Petition seeking a writ of habeas corpus to call for the records relating to the detention order made in B. D. F. G. I. S. S. V. No. 14 of 2007, dated 25. 7. 2007 passed by the second respondent herein, to quash the same and to direct the respondent to produce the detenu, now detained in Central Prison, Puzhal, Chennai and to set him at liberty.