ABIL ALIAS ELLAPPAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner, who was incarcerated at Central Prison, Vellore, by an order dated 6/10/2007 of the second 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 him as a Goonda, seeks a writ of Habeas Corpus to call for the records in connection with the order of detention passed in D. O. No. 46/2007-C2, to quash the same and to direct the respondents to produce him before this Court and set at liberty.

(2.) ON the basis of the complaint lodged by one Ramajayam before the Inspector of Police, Kadaladi Police Station at 6. 00 a. m. on 2/9/2007, that on 1. 9. 2007 at about 19. 15 hours, when he was waiting for a bus at Kanji junction road, the petitioner/detenu appeared before him and at the point of knife, threatened to part with the properties he had and snatched 4 sovereign gold jewels kept in a yellow cloth bag and that when the public came to his rescue on hearing his hue and cry, the detenu threatened them at the knife point creating terror and panic situation in the spot, and escaped, a case was registered in Crime No. 183 of 2007 for offences under Sections 392 and 506 (ii) IPC and during the course of investigation, the detenu was arrested and produced before Judicial Magistrate, Polur, for judicial remand.

(3.) THE second respondent, taking note of the above ground case and finding that there are four adverse cases on the file of same police station, in Crime Nos. 62/2007, 180/2007, 181/2007 and 182/2007 for the offence under Section 379 IPC. , having satisfied 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.