Subramanian vs State Of T.Nadu & Anr

has a dispute regarding their land with one Kaliyamoorty for which a Civil Suit being O.S. No. 452 of 2008 is pending before the Subordinate Judge at Trichy. The said Kaliyamoorty filed a complaint with police on 18.07.2011 complaining that the detenu armed with aruval (sickle) along with his associates apart from threatening the de facto complainant Kaliyamoorty caused damage to the STD booth by damaging the glasses and chairs. Accordingly, an FIR being Crime No. 361 of 2011 was registered by the K.K. Nagar Police Station, Trichy. The complainant - Kaliyamoorthy had already lodged a complaint before the City Crime Branch, Trichy, on 07.02.2010, which was registered by the Police as Case Crime No. 3 of 2010 which is still pending.

b) On 21.07.2011, respondent No.2 - Commissioner of Police passed a detention order against the detenu under Section 3 of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers 2 and Video Pirates Act, 1982 (14 of 1982) while holding the detenu to be a `goonda' noticing his involvement in the case of 18.07.2011 as well as three past cases of the years 2008 and 2010.

c) Against the said order of detention, the appellant sent a representation to the Detaining Authority on 25.07.2011 for revoking the detention order. He also made a representation to the State Government, which is the approving authority, against the said order. After receiving the representation of the appellant on 28.07.2011, the Detaining Authority forwarded the same to the Government recommending rejection of the same. On 12.08.2011, the State Government after due consideration rejected the said representation.

d) Aggrieved by the said decision of the State Government, the appellant herein filed Habeas Corpus Petition before the High Court. The High Court, by its impugned judgment dated 09.12.2011, dismissed the said petition.

Kaliyamoorthy raised alarm for rescue. The general public came there and they were threatened by the accused Kajamalai Viji @ Vijay and his associates by saying "if anyone turns up as witness, I will kill them." The nearby shop-keepers closed their shops out of fear. Auto drivers took their autos from the stand and left the place. The situation created panic among the public. On the complaint of Kaliyamoorthy, a case in K.K. Nagar P.S. Cr. No. 361/2011 u/s 147, 148, 447, 448, 427, 294(b), 323, 506(ii) IPC and 3 P.P.D. Act was registered."

15) It is also relevant to refer the finding of the High Court that the detenu being granted bail or anticipatory bail does not matter as far as the fact remains that he was not on remand 12 in those cases and there was no prejudice to the detenu by reason of the reference made in the detention order. The High Court has rightly observed that the bail petition in respect of the ground case was pending before the Sessions Judge, Tiruchirapalli and he was very likely to be released on bail and if he comes out on bail, he would indulge in future activities which will be prejudicial to the maintenance of public order.

18) The incidents have been highlighted in the grounds of detention coupled with the definite indication as to the impact thereof which have been precisely stated in the grounds of detention mentioned above. All the incidents mentioned in the grounds of detention clearly substantiate the subjective satisfaction arrived at by the Detaining Authority as to how the acts of the detenu were prejudicial to the maintenance of public order. All these aspects have been considered by the High Court which rightly affirmed the detention order.

20) In the light of the above discussion, we are unable to accept any of the submissions made on behalf of the appellant, on the other hand, we are in entire agreement with the conclusion arrived at by the High Court, consequently, the appeal fails and the same is dismissed.

FEBRUARY 21, 2012.