PITCHAIYAH DEVAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The second respondent herein clamped an order of detention as against the detenu, Kaalaimuthu @ Kalaipandi @ Kalaimuthu @ Kalipandi, son of the petitioner, 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.) The order of detention dated 2.6.2007 came to be passed by the second respondent on the basis of the ground case in Crime No. 426 of 2007 on the file of Kovilpatti West Police Station for the offences punishable under Sections 341, 294(b), 384, 307, 427 and 506(ii) I.P.C., complaint of which was given by one Karuppasamy alleging that the detenu on 24.5.2007 at about 8.30 hours, wrongfully restrained him and his relative, threatened them by aruval and took away Rs. 100/- from his shirt pocket; that the detenue demanded entire money kept by Karuppasamy and when he refused, the detenu attempted to cut Karuppasamy on his neck, but the cut fell on the cycle seat; that the public came for his rescue and on noticing the same the detenu brandished aruval; that the public noticing the atrocious activities ran for safer places out of fear of danger to their lives; and taking advantage of the situation, the detenu escaped. The case was taken for investigation and the detenu was arrested.

(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.