N KANCHANA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE mother of the detenu has filed this Habeas Corpus Petition challenging the order of detention dated 9. 12. 2006 passed by the Commissioner of Police, Chennai City, under Section 3 (1) read with 3 (2) 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), hereinafter referred to as 'the Act'.

(2.) THE order of detention has been passed on the allegation that the detenu along with four others was involved in C-1 Flower Bazaar Police Station Cr. No. 625 of 2006. The date of occurrence of the said case is 7. 11. 2006. It is alleged that offence under Sections 341, 302, 342, 353 and 506 (2) IPC had been committed. In the grounds of detention, it is narrated that on the date of occurrence, while John Christopher and Surenderan, Head Constables, were on duty, it was found that one Dilli Babu was running from Central Jail towards E. V. R. Road and one Viji @ Vijayan, Ramu @ Raman Viji @ Vijayan @ Radio Viji @ Idly Viji, Nepoleon and Suresh, who were armed with patta knives, chased Dilli Babu, who crossed E. V. R. Road and ran towards police booth. Viji @ Vijayan, Ramu @ Raman, Viji @ Vijayan @ Radio Viji @ Idly Viji and Nepoleon surrounded and prevented Dilli Babu from escaping and Viji @ Vijayan @ Radio Viji @ Idly Viji instigated that the person should be killed as he had killed one Veera. Immediately, Viji @ Vijayan and Ramu @ Raman cut Dilli Babu with patta knives. Viji @ Vijayan @ Radio Viji @ Idly Viji cut Dilli Babu over his head, face, body and hand with the patta knife. Head Constable John Christopher raised shouts and ran towards the spot. Dilli Babu fell near the police booth. Suresh stood near and prevented Dilli Babu from escaping. Viji @ Vijayan @ Radio Viji @ Idly Viji and Nepoleon caught hold of the hands of the Head Constable John Christopher, who tried to push and apprehend all the persons. Further, Viji @ Vijayan @ Radio Viji @ Idly Viji asked his associate to cut Dilli Babu till he died. Later they left the Head Constable and ran away from the spot. The Head Constable chased them along with public, but the culprits threatened them at the point of knife. The culprits took advantage of the panic situation and escaped from the spot. John Christopher, Head Constable along with other Head Constable Surendran found the name of the injured is Dilli Babu and contacted C-1 Patrol vehicle and the injured Dilli Babu was taken to General hospital for treatment, but he was declared dead by the Duty Doctor as 'brought dead'. John Christopher, Head Constable, lodged complaint at C-1 Flower Bazaar Police Station on the basis of which Cr. No. 625 of 2006 was registered.

(3.) IN the grounds of detention, it was indicated: '. . . The offences under section 341, 342, 353, 302 and 506 (2) IPC relates to wrongful restraint, wrongfully confining, use of criminal force to deter public servant from discharging his duty, murder and criminal intimidation as such punishable under chapters 16 and 17 of the said code. Hence, I am satisfied that Thiru Viji @ Vijayan is habitually committing crime and also acted in a manner prejudicial to the maintenance of public order as such he is a Goonda as contemplated u/s 2 (f) of the Tamil Nadu Act 14 of 1982. By committing the above described grave crime in the public, in front of the busy Railway Station where huge number of public gathered, in the busy day time has created alarm and a feeling of insecurity in the minds of the people of the area and thereby acted in a manner prejudicial to the maintenance of public order.