RAJESHKANNAN @ KUPPAIKANNAN Vs. SECRETARY TO THE GOVERNMENT, STATE OF TAMIL NADU, HOME, PROHIBITION AND EXCISE DEPARTMENT; COMMISSIONER OF POLICE, INSPECTOR OF POLICE

JUDGEMENT

(1.) The petitioner is the detenu. He was detained under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug-offenders, Forest-offenders, Goondas, Immoral Traffic Offenders and Slum-grabbers Act, 1982 (Tamil Nadu Act 14 of 1982) by the respondents herein, branding him as 'GOONDA', by the order of detention in No. 1/BDFGISSV/2009 dated 02.01.2009.

(2.) The order of detention is challenged by the counsel for the petitioner/detenu, on three grounds, namely, the sketch filed by the respondents was not taken into consideration while passing the detention order; secondly, the detaining authority failed to satisfy itself as to the real possibility of the detenu coming out on bail; thirdly, solitary instance will not be a ground to detain the petitioner branding him as 'GOONDA' under the Act.

(3.) A counter-affidavit has been filed on behalf of the second respondent, wherein it is stated that there are two adverse cases and one ground case against the detenu. The first adverse case was in Crime No. 1113 of 2008 on the file of B3-Teppakulam Police Station, registered under Sections 147, 148, 341, 324, 506(ii) IPC and 427 IPC and the second adverse case was in Crime No. 1346 of 2008 on the file of B3-Teppakulam Police Station registered under Sections 387 and 506(ii) IPC. The ground case is registered in Crime No. 1332 of 2008 on the file of B1-Vilakuthoon Police Station under Sections 392 r/w 397 and 506(ii) IPC.