KUMAR Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) THE second respondent herein clamped an order of detention as against the detenu/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.) 2. 1. The order of detention dated 17. 7. 2007 came to be passed by the second respondent on the basis of the ground case in Crime No. 2146 of 2007 on the file of Tambaram Police Station for the offences punishable under Sections 147, 148, 341, 336, 392 and 506 (2) IPC, complaint of which was given by one Sabu. On 23. 6. 2007, when the complainant was proceeding to meet his friend in his cycle, the detenu and his associates suddenly surrounded him and demanded money. When the detenu and his associates took out knives and threatened the complainant, he raised hue and cry. The detenu and his associates forcibly took away Rs. 3000/- from the pant pocket of the complainant. The complainant raised alarm and on hearing the same, the nearby public came to his rescue. The accused picked up stones and pelted the same against them. The public seeing the atrocious activities of the detenu ran for safer places out of fear of danger. Taking advantage of the panic situation, the detenu and his associates escaped from the spot. Based on the complaint, the case was taken up for investigation and the detenu was arrested.

(3.) CHALLENGING the said detention, the detenu has come forward with the present Habeas Corpus Petition seeking a writ of habeas corpus to call for the records relating to the detention order in G. O. No. 341 of 2007, dated 17. 7. 2007 passed by the second respondent herein, to quash the same and to direct the respondent to produce the detenu, now detained in Central Prison, Puzhal, Chennai and to set him at liberty.