MARIAMMAL Vs. GOVT OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner, wife of the detenu by name Bathran @ Suresh, has filed this Habeas Corpus Petition challenging the detention order dated 11. 6. 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 the detenu as a 'goonda', to call for the records in connection with the order of detention passed in C. No. 51/g/is/2007, to set aside the same and to direct the respondents to produce him before this Court and set him at liberty.

(2.) ON the basis of the complaint lodged by one S. Gandhi, the ground case which led to the passing of the detention order came to be registered in Crime No. 491 of 2007 on the file of B-2 R. S. Puram Police Station for offences under Sections 397 and 506 (ii ). According to the complainant, on 24. 5. 2007, when he was proceeding in his moped, the detenu appeared before him and snatched Rs. 300/- from his shirt pocket and at the point of knife, threatened him to leave that place otherwise he would kill him. On seeing this atrocious activity, the public ran helter shelter, creating terror and panic situation and by brandishing the knife, the detenu escaped from the spot. On the complaint, the case referred to above was registered and the detenu was arrested during the course of investigation and produced before Judicial Magistrate No. I, Coimbatore, who remanded him to judicial custody.

(3.) THE second respondent, taking note of the above ground case and finding that there are three adverse cases on the file of B-8 Variety Hall Road police station, B-2 R. S. Puram Police Station and Thudiyalur Police Station, Coimbatore District, in Crime Nos. 728/2005, 1064/2005 and 129/2006 respectively for offences under Sections 457 and 380 IPC. and having satisfied himself 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'.