KATTAIAH ALIAS SENTHIL ALIAS SENTHIL KUMAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner, who is the detenu, has challenged the Order of detention, dated 16.9.2009, bearing No.304/2009 passed by the second respondent

(2.) On the recommendation made by the Sponsoring Authority citing four adverse cases in Crime No.523/1999, Dindigul Town North Police Station; Crime No.1222/1999, Dindigul Town North Police Station; Crime No.1001/2004 Dindigul Taluk Police Station; and Crime No.352/2005, Dindigul Town North Police Station and ground case in Crime No.301/2009, R.7 K.K.Nagar Police Station, and after looking into the materials available, the second respondent, the Commissioner of Police, Chennai Police, formed an opinion that the detenu was to be termed as GOONDA since his activities are prejudicial to the maintenance of public order as contemplated under Section 2(f) of the Tamil Nadu Act 14 of 1982 and with a view to prevent him from indulging in such activities in future, the Order of detention, dated 16.9.2009, was passed. The said Order is under challenge in this petition.

(3.) Mr. C.M.Gunasekaran, learned counsel appearing for the petitioner, while assailing the Order, submits that the Detaining Authority has not considered the imminent possibility of the detenu coming out on bail in two adverse cases in which he was in judicial remand on the date of passing of the detention order and the ground case alone was considered and there is no proper application of mind by the Detaining Authority on this aspect and it vitiates the detention order. The learned counsel for the petitioner further submits that the detenu has not moved any bail application in the ground case and still, it is observed in the grounds of detention that there is real possibility of the detenu coming out on bail by filing bail application and this shows non-application of mind on the part of the Detaining Authority while passing the impugned detention order and hence, it is liable to be quashed.