LAWS(MAD)-2008-9-460

MANI Vs. STATE OF TAMIL NADU

Decided On September 04, 2008
MANI Appellant
V/S
STATE OF TAMIL NADU, REP. BY ITS SECRETARY TO Respondents

JUDGEMENT

(1.) THE detenu himself is the petitioner who has been detained as Goonda under the Tamil Nadu Act 14 of 1982 as per the detention order passed by the second respondent in C.M.P.No.2/2008 dated 13-02-2008.

(2.) THE first ground on which the detention order is to be quashed, is that in paragraph No.12 of the detention order it is stated that though the petitioner has not filed any bail application, the detaining authority has formed his opinion that the petitioner may file a bail application and there is real possibility of coming out on bail. THEre is absolutely no material to support the said awareness of the detaining authority and consequential satisfaction as to the detenu filing the bail application and coming out on bail.

(3.) IT is the admitted case that the petitioner though was arrested on 27.01.2008, was remanded till 08.02.2008 and the remand was further extended as he has not filed any bail application. In the absence of any bail application, the satisfaction of the detaining authority that there is possibility of the detenu filing bail application and himself coming out on bail, is not supported by any material.