KODEESWARI Vs. DISTRICT COLLECTOR AND DISTRICT

JUDGEMENT

(1.) THE petitioner is the wife of the detenu by name Alagar, who has been branded as 'Goonda' and detained under sub-section (1) of Section 3 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) by the first respondent in his order dated 7.3.2008.

(2.) LEARNED counsel for the petitioner questions the detention order on the ground that the detaining authority has not properly applied his mind as to the detenu filing a bail application and the real possibility of himself coming out on bail. Hence the detention order is vitiated.

(3.) THE second adverse case relates to Rajapalayam North Police Station Crime No.88 of 2008 for the offence punishable under Sections 397 and 506(ii) IPC. THE gist of the said case is that on 31.1.2008 at 12.30 hours, the detenu came to the old iron shop of Thiru Yogeswaran, Councillor located at Kamarajar Nagar in Rajapalayam in an Omni Van bearing Registration number TN 01 M 0048 and robbed the cash of Rs.1,000/- from the shirt pocket of one Meenachisundaram S/o Paulraj Pillai who came there accidentally by putting a soori knife on his chest and threatened him of murder and escaped in the same Omni van. He was arrested on 5.2.08 in connection with Crime No.332/06 and 18/08 of Krishnankovil Police Station and during interrogation he gave confession statement stating that he has committed the offence in this case besides the two cases of Krishnankovil Police Station. THE Judicial Magistrate, Rajapalayam issued Pending Trial warrant against him on 20.02.2008 and sent to Superintendent, Central Prison, Madurai. THE charge sheet was filed in the Court of Judicial Magistrate, Rajapalayam on 29.2.2008. He has not moved bail application in this case.