SURESH Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) The detenu, Suresh, son of Madhavan, aged about 30 years, was incarcerated by order dated 5.10.2007 of the second respondent under the provisions 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) branding him as a Goonda, seeks a writ of Habeas Corpus to call for the records in connection with the order of detention passed in Memo No.382/bdfgissv/2007, to quash the same and to produce him, who is now confined at Central Prison, Chennai, before this Court and set him at liberty.

(2.) The ground case said to have taken place on 4.9.2007. On that day, at about 6.30 pm, one kumar was proceeding at the junction of CTH Road and FCI junction, the detenu wrongfully restrained him by using filthy language and at the knife point, threatened him to hand over the money. When he refused, the detenu kicked on his stomach with his right leg and the complainant fell down. The detenu voluntarily inserted his hand into the shirt pocket of the complainant and took away Rs.280/- forcibly. The complainant raised hue and cry and the public rushed to the spot. On noticing the public, the detenu threatened them that he would do away them by waving the knife in all directions. He also picked up jelly stones from the roadside and pelted the same against the public, which fell and scatted all over the roadside. On noticing the atrocious activities, the public ran for safer places fearing danger to their lives, resulting in traffic dislocation. Hence, a complaint was lodged and a case was registered in Crime No.1384/2007 on the file of T9, Pattabiram Police Station under Sections 341, 336, 392, 397, 307 and 506 (2), IPC.

(3.) The second respondent, taking note of this case as a ground case and finding that there are four adverse cases pending against the detenu in Crime No.551/06 on the file of Avadi Railway Police Station and Crime Nos.460/07, 1152/07 and 1379/07 on the file of Pattabiram Police Station for the offence under Sec.294 (b), 323 read with 506 (2), 324, 307, 392 and 399, IPC, ordered his detention dubbing him as a Goonda.