RAVICHANDRAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) BOTH the petitioners herein challenge the respective impugned orders of detention clamped against them, dated 08.07.2008, passed by the 2nd respondent, branding them as 'Goonda' as contemplated under Section 3(1) 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). Since both the matters are inextricably interconnected with each other, both the petitions are heard together and disposed of by this common order.

(2.) FROM the grounds of detention orders, it is seen that the detaining authority has relied upon one adverse case registered in Crime No,485 of 2006 on the file of K7, ICF Police Station and the ground case registered in Crime No,333 of 2008 on the file of K4 Anna Nagar Police Station for clamping the orders of detention. In the adverse case, it is alleged that on 21.06.2006 at about 22.00 hours, when one Suresh Kumar was returning home, the detenus in both the petitions, along with some other two persons, threatened him and beat him with hands. The detenu in HCP No.1974 of 2008 caught hold the hands of the said Suresh Kumar along with one John and the detenu in HCP No.1975 of 2008 took out 'jally' stone i.e. gravel stone and fisted with the stone indiscriminately over his head. At that time, when the public came for his rescue, the detenus took out a stick and beat them and threatened them, stating that if they opposed the detenus, they had to face dire consequences. Since a huge crowd gathered at the spot, they fled away. On a complaint given by the victim Suresh Kumar before the K7, ICF Police Station, the adverse case was registered in Crime No,485 of 2006 for the offences punishable under Sections 341, 324 and 323 IPC.

(3.) LEARNED counsel for the petitioners submitted that the detention orders dated 08.07.2008 are vitiated on the following grounds: