MOORTHY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner, who was incarcerated at Central Prison, Coimbatore, by an order dated 27. 7. 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, has filed this petition seeking writ of Habeas Corpus to call for the records in connection with the order of detention passed C. No. 57/is/2007, to set aside 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 Radhakrishnan that on 1. 7. 2007 at about 5. 30 hours when he was proceeding near a Corporation school at Kempatty Colony, the petitioner/detenu intercepted him and demanded to part with the money he had and also at the point of knife, snatched Rs. 90/- from his pocket as well as the wrist watch and brandishing the knife against him and the public, who came for his rescue, he created terror in the minds of public resulting in a panic situation, a case was registered in B-1 Bazaar Police Station Crime No. 725 of 2007 for offences under Sections 341, 392, 397 and 506 IPC and during the course of investigation, the detenu was arrested and later, produced before Judicial Magistrate No. III, Coimbatore, for judicial custody.

(3.) THE second respondent, taking note of the above ground case and finding four adverse cases on the file of same police station, in Crime Nos. 628/05, 1290/05, 274/07 and 275/2007 for offences under Sections 379, 380 r/w 75 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.