LAWS(MAD)-2007-12-338

S PRAMILA Vs. COMMISSIONER OF POLICE

Decided On December 06, 2007
S.PRAMILA Appellant
V/S
STATE OF TAMIL NADU Respondents

JUDGEMENT

(1.) THE petitioner, mother of the detenu by name Ravikumar @ Ravi, has filed this Habeas Corpus Petition challenging the detention order dated 13. 7. 2007 of the first respondent under the provisions 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 the detenu as a 'goonda', to call for the records in connection with the order of detention passed in Memo No. 320/2007, to set aside the same and to direct the respondents to produce him before this Court and set him at liberty.

(2.) ON 08. 06. 2007 the detenu and his associates inflicted cut injuries on Sathish Kumar, brother of one Prakash, due to previous enmity and the said Sathish Kumar succumbed to the cut injuries. Based on the complaint given by Prakash, the brother of the deceased, Inspector of Police, P-5 M. K. B. Nagar Police Station registered a case in Cr. No. 277/2007 under Sections 147, 148, 302 and 506 (2) IPC. The detenu surrendered before V Metropolitan Magistrate, Egmore, Chennai on 22. 06. 2007.

(3.) THE second respondent, taking note of the above ground case and finding that there are three adverse cases on the file of P-6 Kodungaiyur PS; P-3 Vyasarpadi PS and P-5 MKB Nagar PS in Cr. No. 1328/2005; Cr. No. 168/2006; Cr. No. 725/ 2006 respectively and having satisfied himself that there is compelling necessity to detain the detenu in order to prevent him from indulging in such activities which are prejudicial to the maintenance of public order, ordered his detention dubbing him as a 'goonda'.