SENTHIL Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) ALL the Habeas Corpus Petitions are filed against the detention order, dated 25. 07. 2008 passed by the second respondent herein, detaining them as "goondas" as per Section 2 (f) of the Tamil nadu Prevention of Dangerous Activities of bootleggers, Drug Offenders, Goondas, Immoral Traffic Offenders, Forest Offenders arid Slum-Grabbers Act, 1982 (Tamil Nadu act 14 of 1982), praying to quash the detention order and set each one of the detenu at liberty.

(2.) THE detenus in all the cases are arrayed as accused in the case in Cr. No. 759 of 2008 on the file of the F. 5, Choolaimedu police Station, registered under Section 302 and other provisions of IPC, apart from the ground case. Against the petitioner / detenu in H. C. P. No. 1444 of 2008, one more case in cr. No. 439 of 2002 on the file of the E. 4, madhuravoyal Police Station under Section 302 and other sections of IPC is also pending as adverse case.

(3.) AS per the ground case, on 26. 06. 2008, when the Sub-Inspector of Police attached to F. 5 Choolaimedu Police Station was proceeding with his police party on the 100 feet road, searching the accused persons involved in the case in Cr. No. 759 of 2008, on reliable information, Muthu @ Dimikki muthu, detenu in H. C. P. No. 1444 of 2008, prathap, detenu in H. C. P. No. 1445 of 2008, senthil @ Senthilkumar, detenu in h. C. P. No. 1439 of 2008, Selvam @ Periya selvam, detenu in H. C. P. No, 1446 of 2008 , jayaraj @ Kullan, detenu in H-C. P-No. 1443 of 2008 and Radhakrishnan @ Dayalan, detenu in H. C. P. No. 1441 of 2008 were standing in front of the TASMAC shop within the jurisdiction of the Choolaimedu Police station. Having noticed the same, police party surrounded them. While so, the detenu, Muthu @ Dimikki Muthu who was armed with patta knife threatened the police party by uttering * and the other detenus picked up stones from the road side and pelted the same against the police party and the public, whereby damaged the public property, due to which, the public who were at the spot on noticing the attack ran out of the place due to fear and danger to their lives and properties.