KATHAR Vs. STATE AND ANOTHER

JUDGEMENT

(1.) BY order dated 6.7.2007, the District Collector and District Magistrate, Tirunelveli, the first respondent has detained the petitioner as Goonda under the Tamil Nadu Act 14 of 1982. The detenu has challenged the same in this habeas corpus petition.

(2.) ACCORDING to the respondents, the petitioner has come to adverse notice in three criminal cases. The first case was registered in Cr.No.117 of 2006 on 8.3.2006 under Section 379, IPC. The petitioner has been charge -sheeted and the case is pending trial on the file of the learned Judicial Magistrate, Shencottai in CC.No.69 of 2006. The second adverse case was registered on 29.6.2007 in Cr.No.237 of 2007 under Section 380, IPC, is under investigation. The third adverse case was registered on 1.7.2007 in Crime No.242 of 2007 under Section 380, IPC, is under investigation.

(3.) THE ground case, on which, the detention order came to be passed, relates to an offence alleged to have been committed by the detenu on 2.7.2007, when the detenu and his associates were alleged to have threatened the complainant and robbed Rs.1000 from him. It was further alleged that the detenu wielding an aruval, created terror, and fear in the mind of shopkeepers and persons in the locality. The detenu was arrested on the same day in connection with Cr.No.243 of 2007 under Section 397, IPC and remanded to judicial custody by the Judicial Magistrate, Shencottai.The said case is still pending investigation.