M KAKKAMMAL Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) CHALLENGE in this Habeas Corpus Petition is to the detention order, dated 19.08.2008, whereby Petitioner's son viz. Kumar @ Minnal Kumar has been detained under T.N.Act 14/82 branding him as "Goonda" as contemplated U/s.2(f) of the said Act.

(2.) THE detenu had earlier come to adverse notice in two cases - Madhichiam PS Cime No.691/2006 under Section 302 IPC; Madhichiam PS Crime No.100/2007 under Section 341, 323, 427, 506 (ii) IPC. On 1.6.2007 at about 10.45 hours when Karuppasamy was walking along with Veerayee and was going in front of Kathiresan tea stall, detenu armed with a big knife waylaid both Karuppasamy and Veerayee and demanded a sum of Rs.500/-. When Karuppasamy replied that he had no money, detenu abused Karuppasamy and placed knife on Karuppasamy's chest, pressed and robbed a sum of Rs.520/- from Karuppasamy's shirt pocket. When Karuppasamy raised alarm out of fear, crowd gathered and detenu brandished the knife and threatened them that he would stab and kill them, if any one came to catch him. THE passersby ran helter-skelter out of panic and the shopkeepers downed the shutters. THEreafter, Karuppasamy went to Madhichiam Police Station and lodged a complaint. On the basis of complaint, a case was registered in Madhichiam PS Crime No.463/2007 under Section 341, 397, 506 (ii) IPC. Detenu was surrendered himself on 15.7.2008 before J.M.No.II, Madurai and has been remanded to judicial custody. On being satisfied that the activities of the detenu were prejudicial to the maintenance of public order, detention order was clamped on him.

(3.) DETAINING authority mainly referred to the ground case Cr.No.463/2007 [occurrence on 1.6.2007] and said that detenu is habitually committing crimes prejudicial to the maintenance of public order and that if he is released on bail, he will indulge in future activities which would be prejudicial to the maintenance of public order and therefore, there is compelling necessity to pass an order of detention with a view to prevent him from indulging in such prejudicial activities in future.