VATHSALA Vs. SECRETARY TO GOVT

JUDGEMENT

(1.) THIS Habeas Corpus petition has been filed under Article 226 of the Constitution of India by the petitioner challenging the order of detention, dated 25. 07. 2008 passed by the Commissioner of police/detaining authority, Chennai City, who is the second respondent herein. The petitioner herein is the mother of the detenu, who was detained as 'goonda under Tamil nadu Act 14 of 1982.

(2.) AS per the impugned order, there are four adverse cases registered against the detenu. The first case in Crime. No. 545 of 2006 on the file of the N. I Royapuram Po lice Station which was registered under Section 399 IPC, on the alleged occurrence that had taken place on 06. 04. 2006. The second case in Crime No. 28 of 2007 on the file of n. 4 Fishing Harbour Police Station which was registered under Sections 341, 323, 324 and 506 (ii) IPC. The third adverse case in crime No. 320 of 2007 was registered under sections 147, 148, 341, 506 (ii), 302 IPC r/w 149, 109 and 120 (b) IPC on the file of M. 2 madhavaram Police Station. The fourth adverse case was registered in Crime No. 156 of 2008 on the file of the N. 2 Kasimedu Police Station under Sections 341,323,385,397 and 506 (ii) IPC.

(3.) AS per the ground case, on 09. 07. 2008 at about 9. 00p. m. , the petitioner along with the other accused came in a motor cycle, wrongfully restraining one Chinniyan at pudhumanaikuppam first street near boodha Kaliamman Koil and beated him with hands and legs and at the point of knife threatened to murder him. On account of the same, the said Chinniyan lodged a complaint. Based on the said complaint, a case in N. 2 Kasimedu Police station, Crime no. 171 of 2008 under Sections 341,323 and 506 (11) IPC was registered. On 12. 07. 2008 at about 10. 30 hrs, while the said Chinniyan was returning from his house to Tondiarpet market, on the way, at the junction of kummalammal Koil Street and Thanda-varayan Street, the detenu and two other accused came in a motor cycle, wrongfully restrained the said Chinniyan and caused bleeding injuries, by using knife, over the back side of his neck and also threatened the public by picking up cool drink bottles and hurled the same against the public.