V PALAYAM VELU Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The habeas corpus petition has been filed by the petitioner to call for the records pertaining to the order of detention passed by the 2nd respondent herein and made in BDFGISSV No. 76 of 2009, dated 10.9.2009, set aside the same and to produce the body of the detenu, V. Boopathy S/o. Velu, now confined in Central Prison, Puzhal, Chennai, before this Court and set him at liberty.

(2.) The detenu challenges the order of detention passed against the detenu detaining him under the provisions of Tamil Nadu Act 14 of 1982, after he was branded as a "Goonda", since he had come to the adverse notice of the authorities on three earlier occasions, namely, Chengalpattu Taluk Police station Cr. Nos. 560, 561 and 208 under Section 307 IPC, and the ground case registered on 3.8.2009 by the Chengalpattu Taluk Police Station Cr.No. 538 of 2009 under Sections 341,294(b), 307, 506(ii) IPC, and 3 & 5 of the Indian Explosive Substances Act, 1908, on the complaint made by one Kumaravel, whereunder he has alleged that the detenu waylaid him and demanded Rs.1,000/- every month as mamool and when the complainant refused, the detenu with his knife caused injury and tried to throw a country bomb hiden on his hands. Thereafter, creating a panic among the public, escaped from the scene of occurrence. After investigation, the detenu was arrested and produced before the Judicial Magistrate-II, Chengalpattu on 4.8.2009 and he was remanded to judicial custody upto 18.8.2009.

(3.) In view of the above, the sponsoring authority has satisfied that the detenu is a habitual offender and acted in a manner prejudicial to the maintenance of public health and as such he is a "Goonda", as contemplated under Section 2(f) of the Tamil Nadu Act 14 of 1982 and hence, sponsored the detenu before the Detaining Authority for passing an order of detention against him. The Detaining Authority, on consideration of the materials placed before him, passed the order of detention against the detenu. Aggrieved of the same, the present habeas corpus petition is filed.