LALLI Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) THE second respondent herein clamped an order of detention as against the detenu viz. , Dilip @ Dilipkumar, son of Kumar, 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.) CHALLENGING the abovesaid 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 pertaining to the detention order passed against the detenu by the second respondent in Memo No. 374/bdfgissv/2007, dated 24. 9. 2007, set aside the same and to direct the respondents to produce the body of the detenu, now detained at Central Prison, Chennai before this Court and set him at liberty.

(3.) 3. 1. The order of detention dated 11. 8. 2007 was passed on the basis of ground case in Crime No. 353 of 2007 for alleged commission of offences under Sections 395 r/w 397 and 506 (ii) IPC, complaint of which was lodged by one Jothi. According to the complainant, on 11. 8. 2007 at about 12. 30 hours, he was proceeding towards Kolathur in his motorcycle. When he was nearing Tambaram bus stop, the detenu herein and four others viz. , Siva @ Sivakumar, Senthil @ Senthilkumar, Maya @ Mayakrishnan and Rajesh came in two motor cycles and wrongfully restrained him and demanded money and gold ring at the knife point. When he refused to give, Senthil @ Senthilkumar snatched gold ring and cell phone from the complainant. Siva @ Sivakumar voluntarily inserted his hand into the pant pocket of the complainant and took away a sum of Rs. 1100/ -. Maya @ Mayakrishnan asked him to hand over the gold chain and the complainant replied them as if he has no chain with him. Further, Maya assaulted the complainant over his chest. The complainant raised hue and cry. At that time, Rajesh took out knife and stabbed over his chest by uttering filthy words. The complainant warded off the attck with his right hand. The public who were at the spot came for his rescue. On seeing the public, the detenu and his associates picked up soda water bottles from the nearby shop and hurled the same against them. The bottles fell on the road side and scattered all over the road. The public ran to safer places out of fear of danger to their lives and properties, and thus the detenu created terror and panic at the spot. However, the complainant with the help of public apprehended the detenu and his associates and handed over them to the Inspector of Police, M-1 Madhavaram Police Station. Based on the complaint given by the complainant, a case, as stated above, was registered.