LAWS(MAD)-2010-9-408

KALAIARASI Vs. STATE OF TAMIL NADU

Decided On September 27, 2010
KALAIARASI Appellant
V/S
STATE OF TAMIL NADU REP. BY ITS SECRETARY HOME Respondents

JUDGEMENT

(1.) CHALLENGE is made to an order of detention made by the second respondent dated 26.4.2010, whereby the husband of the petitioner by name Sridhar was ordered to be detained under Act 14/82 terming him as a Goonda as defined under the provisions of that Act.

(2.) THE Court heard the learned Counsel for the petitioner and also looked into all the materials and in particular the order under challenge.

(3.) ADDED further the learned Counsel that the first adverse case was actually registered under Sec.302 of IPC for an occurrence that has taken place on 13.4.2010 that the order came to be passed on 26.4.2010 that ordinarily in a case of murder, bail would not be granted unless and until the investigation is over and that under the circumstances, the observation made by the authority that there was a real possibility of his coming out on bail is without any basis or any material, much less cogent material.