RAJENDRAN Vs. STATE

JUDGEMENT

(1.) CHALLENGING the order of detention, dated 19.07.2008 passed by the second respondent herein, this Habeas Corpus Petition has been filed.

(2.) THE petitioner herein is father of the detenu Kumar, who has been detained as "Goonda" as defined under Section 2(f) of the Tamil Nadu Act 14 of 1982. THEre are five adverse cases shown against the detenu in the detention order, apart from the ground case, that was registered on 26.06.2008 in Mayiladuthurai police station, Crime No.945 of 2008 under Section 294(b), 427, 307 and 506 (ii) IPC. As per the detention order, the first four adverse cases against the detenu are pending before the Judicial Magistrate No.I, Mayiladuthurai for trial and the fifth case registered under Sections 147, 148, 294(b), 323, 324 and 506 (ii) IPC is under investigation.

(3.) AS per the ground case, on 26.06.2008 at about 9.30 a.m, the detenu went to the petty shop of the defacto complainant of the ground case, one Rameshkumar at Chinnakadaitheru, Mayiladuthurai scolded him and also inflicted a cut injury (simple injury) on his left forearm, saying that on the alleged previous occasion on 21.06.2008, he had supported the lorry driver. Based on the complaint given by the said defacto complainant, the ground case in Crime No.945 of 2008 was registered against the detenu under Sections 294(b), 427, 307 and 506 (ii) IPC.