RANI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner is the wife of the detenu Kutty @ Siva, who was incarcerated by order dated 4. 9. 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. Aggrieved by the same, the petitioner seeks a writ of Habeas Corpus to call for the records in connection with the order of detention passed in Memo No. 364/bdfgissv/2007, to quash the same and to produce the detenu, now confined at Central Prison, Puzhal, Chennai before this Court and set him at liberty.

(2.) ON the basis of a complaint lodged by one Devaraj that on 23. 8. 2007 at about 13. 30 hours, while he was returning after handing over the flowers to his customer at Shenoy Road, the detenu and his associate wrongfully restrained him and threatened to hand over the money to him. When the complainant replied that he had nothing in his pocket, the detenu beat him on his cheek and voluntarily inserted his hand into the shirt pocket and took away Rs. 250/ -. His associate snatched the gold ring of the complainant and threatened that he would do away him and they tried to escape from the spot. The complainant raised hue and cry. When two persons who were standing nearby tried to apprehend the detenu and his associate, the detenu picked up stones from the road side and pelted the same against them, which scattered all over the roadside. On noticing the atrocious activities, the public ran for safer places to save their lives resulting in traffic dislocation. The detenu was arrested and a case was registered in Crime No. 930/2007 on the file of F3 Nungambakkam Police Station, for the offence punishable under Sections 341, 336, 392 and 506 (2), IPC.

(3.) THE second respondent, taking note of the above case as a ground case and five adverse cases in Crime No. 1417/2006 on the file of F3 Nungambakkam Police Station and Crime Nos. 718/2007, 1343/2007, 1442/2007 and 1471/2007 on the file of T6 Avadi Police Station for the offence under Sections 457 and 380, IPC ordered his detention dubbing him as a goonda.