SHANTHI Vs. DISTRICT MAGISTRATE AND DISTRICT COLLECTOR

JUDGEMENT

(1.) AGGRIEVED by the order of incarceration dated 9. 7. 2007 of the first 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), by which one Saravanan, son of Masi @ Masilamani, aged about 28 years, now confined to Central Prison, Puzhal, Chennai branding him as a Goonda, the petitioner, wife of the detenu, seeks a writ of Habeas Corpus to call for the records in connection with the order of detention passed by the first respondent dated 9. 7. 2007 in Proceedings No. B. D. F. G. I. S. S. V. No. 44/2007, to set aside the same and to direct the respondents to produce the above said detenu before this Court and set him at liberty.

(2.) THE ground case is said to have taken place on 16. 6. 2007 at about 6. 45 pm. At that time, the complainant Rajkumar was returing from Alambaraikuppam. Near East Coast Road, the detenu waylaid the complainant and threatened him to hand over the money at the knife point. The complainant refused to part with money. Immediately, the detenu using abusive words, forcibly took Rs. 550/- from the shirt pocket of the complainant. When he complainant tried to prevent the detenu, the detenu assaulted him. The complainant shouted with fear and escaped from the attack. On noticing the public rushing for rescue of the complainant, the detenu threatened them that they would be killed and made them to run on all sides seeking shelter resulting in traffic dislocation. A case was registered in Crime No. 318/2007 on the file of Chunambedu Police Station, for the offence punishable under Sections 341, 294 (b), 307 and 397, IPC. The detenu was arrested on 17. 6. 2007.

(3.) TAKING note of the above case as ground case and five adverse cases in Crime Nos. 234/2004, 593/2005, 214/2006 and 372/2006 on the file of Chunambedu Police Station for the offence under Sections 147, 148, 341, 302 read with 149, 324, 506 (ii), 392, 307 read with 3 and 5 of Explosives Substances Act and Crime No. 813/2006 on the file of Thirukalukundram Police Station for the offence under Section 397, IPC, the first respondent ordered the detention of detenu dubbing him as a Goonda.