RANJANI Vs. SECRETARY TO GOVERNMENT HOME

JUDGEMENT

(1.) The petitioner, who is the mother of the detenu, namely Gangadharan, challenging the legality of the impugned order of detention dated 29.10.2018 passed by the second respondent, in and by which, her son/detenu has been branded as a ''Goonda'' under the provisions of Section 3(1) of the Tamil Nadu Prevention of Dangerous Activities of Boot-leggers, Cyber Law Offenders, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Sexual Offenders, Slum-grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14/1982), came forward to file the present Habeas Corpus Petition.

(2.) A perusal of the grounds of detention order dated 29.10.2018 passed by the 2nd respondent herein, would disclose that the detenu came to adverse notice in the following case:- Adverse cases: Sl Name of the Police station and Section of law No. Crime No. 1 T-13, Kundrathur Police Station 147, 148, 302 r/w 120(b) IPC Cr.No.1182/2018

(3.) It is alleged in the Grounds of the detention that the defacto complainant viz., Venu, is a labourer by profession and he is residing at No.4, Pillaiyar Koil Street. Aramarmpedu, Kancheepuram. On 06.10.2018, at about 21.00 hours, while the defacto complainant was proceeding in his bicycle near Pudupedu Kootu Road, two persons waylaid him and threatened him to handover the money he possessed. When the defacto complainant replied "?no "?, the accused threatened him at knife point and disclosed their identity that one among him is Manikandan @ Kakka Manikandan and the other is Saranraj @ Saran, and that they are rowdies who had involved in committing a murder of one Girirajan. Immediately, to grab the money from the defacto complainant, the accused Manikandan @ Kakka Manikandan stabbed the knife over the complainant's stomach, but the defacto complainant moved aside and escaped unhurt. Threatening the accused at knife point, the accused snatched Rs.600/- from the pocket of the complainant and also his mobile phone. The defacto complainant raised an alarm and passers-by gathered there and in order to escape from the scene, both the accused took cool drinks bottle from the nearby bunk shop and hurled the same over the road and also pelted the jelly stones found on the road, against the public and escaped from the scene. Thereafter, the defacto complainant gave a complaint to the police, based on which, a case in Crime No.1197/2018 on the file of T-13, Kundrathur Police Station, for the commission of the offences u/s.341, 294(b), 336, 427, 397 and 506(ii) IPC [ground case] and took up the case for investigation. 3. During the course of investigation, the arrest of detenues was effected by the Inspector of Police on 07.10.2018 at about 08.00 hours and on enquiry, the detenu has admitted his involvement in the ground case as well as in the adverse case in Crime No.1182/2018 on the file of T-13, Kundrathur Police Station. The detenu as well as the co-accused voluntarily came forward to give a confession statement admitting their role in both the above crimes committed by him and the statement was recorded and based on the admissible portions of the confession statements, incriminating articles were seized. The arrested persons were produced before the Court of District Munsif cum Judicial Magistrate, Sriperumbudur, Kanchipuram District on the same day, and the accused were ordered to be remanded to judicial custody till 17.10.2018 as remand prisoners in Central Prison, Puzhal and their remand period was extended till 31.10.2018.