VEERAMANI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE Judgment of the court was delivered by

(2.) THE petitioner, who is himself the detenu, was detained under the provisions of The Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug-Offenders, Forest-Offenders, Goondas, Immoral Traffic Offenders and Slum Grabbers Act, 1982 (Tamil Nadu Act' for short). He challenged the detention order before the High court by filing a writ of habeas corpus and the same was dismissed. Questioning the same, he has filed Special Leave Petition (Cri.) No. 2685 of 1993 in this court. He has also filed Writ Petition (Cri.) No. 364 of 1993 under Article 32 of the Constitution in this court and both are being disposed of together by a common judgment.

(3.) THE next point urged is that on the date of order of detention the petitioner was already in custody under the orders of the Magistrate who remanded him on 11/02/1993 in connection with Crime Nos. 288 of 1993 and 237 of 1993 being accused of offences punishable under S. 147, 148, 302, 307 Indian Penal Code etc. and there was no question of his being released on bail and that as a matter of fact the petitioner did not apply for bail. THErefore, the detention was unwarranted and it shows that there is no genuine satisfaction regarding the detention as required under the Act and therefore the order is illegal. As extracted above the detaining authority noted in paragraph 4 that he was aware that the petitioner is on remand and that he was likely to file a bail application and that bail is usually granted by the courts in such cases and that if he comes out on bail, he is likely to indulge in such further illegal activities prejudicial to the maintenance of public order. THE learned counsel, however, contended that the petitioner who was involved in a murder case punishable under Section 302 Indian Penal Code would not be released so casually as is being stated by the detaining authority and that only shows that it has not applied its mind.