S EGAVALLI 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 B.D.F.G.I.S.S.V.No. 71/2009 dated 24.8.2009, set aside the same and to produce the body of the detenu, Senthil Kumar, now confined in Central Prison, Vellore, before this Court and set him at liberty.

(2.) The. petitioner, who is the wife of 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 identified as a "Goonda ", since he had come to the adverse notice of the authorities on two earlier occasions and that on 22.7.2009, he indulged in activities prejudicial to the maintenance of public order by demanding money from the complainant, Jothi, at knife point and also threw country bombs on the complainant and others, who were present there, which resulted in registration of the ground case in crime No. 430 of 2009 on the file of Walajabad Police station for the offences under Sections 294(b), 307, 384 IPC. and Section 3(a) of Explosive Substances Act, 1908. Thereafter, the detenu was arrested by the investigating officer on 22.7.2009 and produced before the learned Judicial Magistrate No. II, Kanchipuram, and remanded to judicial custody.

(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 order 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.