THOPPAMMAL Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS petition is brought forth by the mother of the detenu challenging the order of the second respondent in M.H.S. Confdl.No.29/2010 dated 26.3.2010, whereby the detenu Venkatesh Prabhu was ordered to be detained as "Goonda" under the provisions of the Act 14 of 1982.

(2.) AFFIDAVIT filed in support of the petition is perused. The Court heard the learned counsel appearing for the petitioner and looked into the materials available on record, in particular, the order under challenge.

(3.) LEARNED counsel would further add that if there was no possibility of the detenu coming out on bail and while he was in custody, no question of indulging in activities in future would arise, which would quite indicative of the fact of non-application of mind on the part of the Authority. On these grounds, the detention order has got to be set aside.