P RATHINAM Vs. DISTRICT COLLECTOR AND DISTRICT MAGISTRATE

JUDGEMENT

(1.) THE first respondent herein clamped an order of detention as against the detenu K. V. P. Raja @ Govindaraj @ Viswanathan @ Viswanathan @ Gobinath @ Venkitapathy, son of Kuppusamy, aged about 43 years, as the said authority arrived at the subjective satisfaction that the said detenu is a Goonda and has to be detained under the provisions of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Officers, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982 ).

(2.) THE detention order was passed on the basis of the ground case in Crime No. 38 of 2007 on the file of Coimbtore District Crime Branch for the offence punishable under Sections 406, 467 and 420, IPC, complaint of which was given by one Jeyachandran, Joint Managing Director, Durairaj Mills Limited, on 22. 6. 2007. In his complaint, he has stated that the detenu purchased clothes to the tune of Rs. 24,39,435/- and remitted Rs. 14,50,000/- by way of Canara Bank and UTI Bank cheques. But, the UTI Bank cheques for the balance amount of Rs. 9,89,435/- were dishonoured for want of funds. When the detenu was contacted over phone, he assured to settled the amount. As the amount was not settled, the complainant went to the house of the detenu, where he was abused him with filthy language and threatened that he would kill him. 2. 1. Apart from the above, the detaining authority also took note of four adverse cases pending against the detenu, viz. , Crime No. 242/200 on the file of Coimbatore City Crime Branch and Crime Nos. 9/2005, 11/2006 and 31/2007 on the file of Coimbatore District Crime Branch for the offence under Sections 420, 409, 120 (b), 419, 420 read with 409 and 420 read with 109, IPC. 2. 2. The detaining authority, having satisfied that the detenu is indulging in activities which are prejudicial to maintenance of public order, passed the impugned order.

(3.) CHALLENGING the said detention, the wife of the detenu has come forward with the present Habeas Corpus Petition seeking a writ of habeas corpus to call for the records relating to the detention order in proceedings No. Cr. M. P. No. 16/g/2007/e4, dated 6. 11. 2007 passed by the first respondent herein, to quash the same and to direct the respondent to produce the detenu, now detained in Central Prison, Coimbatore and set him at liberty.