K BHAVANI Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) CHALLENGE is made to the order of detention passed by the second respondent in memo No.279/B.D.F.G.I.S.S.V./2010 dated 10.5.2010, whereby the husband of the petitioner viz. Kannan was ordered to be detained under the Act 14 of 1982 branding him as "Goonda".

(2.) 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 added further that in the ground case, the detenu was arrested on 3.5.2010 and thereafter, he has not moved for any bail application and the detention order came to be passed on 10.5.2010 wherein the Authority has stated that there was a real possibility of the detenu coming out on bail. When no bail application was filed, that too in a grave case, ordinarily bail would not be granted till completion of investigation, the observation made by the Detaining Authority is without any material. On these grounds, the detention order has got to be set aside.