LAKSHMANAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE detenu himself is the petitioner. He has been clamped with the detention order dated 28.07.2007 by means of the proceedings in No.353/2007 by the second respondent, branding him as Goonda.

(2.) HE came to adverse notice of J-6 Thiruvanmiyur Police Station as many as 13 cases. All have been registered under Section 379/380 I.P.C. in Cr.Nos.961/2006, 365/2007, 400/2007, 480/2007, 499/2007, 569/2007, 587/2007, 608/2007, 609/2007, 612/2007, 617 of 2007, 623/2007 and 625 of 2007. The facts of the ground case goes to show that one Sudhagar, who is working in a hotel on 8.7.2007 at about 07.15 hours was proceeding at Indira Nagar, near the Youth Hostel to attend his work with his brother Lokesh. At that time, the detenu along with two other confederates by name Selvam and Jose @ Mariya Doss, who came in a cycle, wrongfully restrained Sudhagar and Lokesh. One of the confederates viz., Selvam took out a knife and by brandishing the same threatened them by holding over the neck of Sudhagar. At the same time Jose @ Mariyadoss caught hold of Sudhagar from his back side and the detenu caught hold of Lokesh, that Jose @ Mariyadoss and detenu snatched cell phones from Sudhagar and intimidated him if he raised voice, he would be done to death, that the public who were at the scene of crime, heard the hue and cry of the above said three persons and rushed to apprehend them, that the trio again threatened all of them by uttering, if anybody came near, they would be murdered, besides picking up stones from the roadside and pelted at them, the public were noticing the atrocious activities, ran for safer places out of fear of danger to their lives and properties that the public who were proceeding in their vehicles on the busy road noticed the atrocious activities and feared to move further, resulting in traffic dislocation in that area, that all the above said three persons including the detenu created terror and panic on the spot, that however, Mr. Sudhagar, with the help of public surrounded and apprehended all the three persons and retrieved the knife, Cell phone and the watch and later they were taken to Tiruvanmiyur Police Station, where Mr. Sudhagar lodged a complaint and a case was registered in J6 Thiruvanmiyur Police Station Cr.No.629/2007 under Sections 341, 336, 392and 506(2)I.P.C.

(3.) AS far as 7th adverse case in Cr.No.587 of 2007 is concerned at New Beach Extention, Thiruvalluvar Nagar, Tiruvanmiyur, the detenu and his associates committed snatching of gold thali chain from one Tmt. Vijayalakshmi, while she was walking on the beach and she struggled with them and recovered only a small piece of thali chain and the snatchers were escaped. The above said facts covered by the adverse case would go a long way to show that all the said offences were committed by the detenu and his associates in the public places and naturally the public peace and tranquility were in peril. Even though those cases have been registered under Section 379 IPC, the offences were committed in public places, in the midst of number of persons. Certainly they would have caused panic and insecurity in their minds. While these aspects are closely scrutinized by this court, it is to be held that the detenu cannot take recourse to the principles laid down in the decision above mentioned. Worthwhile it is to note that all the occurrences in the adverse cases and ground case took place within the limits of J-6 Thiruvanmiyur Police Station, Chennai which shows that the detenu has frequently involved in the identical offences.