MOOKKAMMAL W/O MUNDASAMY THEVAR Vs. COMMISSIONER OF POLICE; SECRETARY TO THE GOVERNMENT, HOME, PROHIBITION, EXCISE (14) DEPARTMENT; INSPECTOR OF POLICE

JUDGEMENT

(1.) The petitioner, mother of the detenu - M. Udayar alias Durai challenges the Detention Order dated 13.10.2008 passed by the detaining authority, Commissioner of Police, Tirunelveli whereby the detenu was ordered to be detained under the provisions of the Tamil Nadu Prevention of Dangerous Activities of Boot-Leggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum-grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982) branding him as a 'Goonda'.

(2.) The detenu had earlier come to adverse notice in a in Palayamkottai Police station Crime No. 862/2006 under Section 302 r/w 120(b), 34 IPC and 3(2)(v) SC/ST (Prevention of Atrocities) Act, 1989 and in Murappanadu Police Station Crime No. 198/2007 under Sections 294(b), 506(ii) IPC and Section 4 of Tamil Nadu Prevention of Harassment against Women Act.

(3.) The facts leading to passing of the impugned Detention Order are that the defacto complainant Alwyn repaired the lights of the vehicle of the detenu and the detenu assured to pay repair charges of Rs. 380/- after 2 days and went away. On 3.10.2008 at 4.45 p.m., the defacto complainant Alwyn along with one Manikandan was coming near Petrol Bunk, Uchigopuram, Palayamkottai, Alwyn asked money from the detenu and the detenu is alleged to have abused Alwyn and Manikandan in filthy language and also threatened Alwyn by brandishing Aruval and snatched Rs. 570 from his shirt pocket.