R INDIRA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS petition is brought forth by the wife of the detenu challenging the order of the second respondent in Memo No.498/BDFGISSV/2010 dated 3.9.2010, whereby her husband Ramesh was ordered to be detained as a Goonda under the provisions of the Act 14 of 1982.

(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 in Crime No.466 of 2010, the detenu was arrested on 23.6.2010 along with other accused and they were sent for judicial remand. The detenu filed a bail application before the Principal Sessions Court, Chengalpattu in Crl.M.P. No.2419 of 2010 and the same was dismissed. Thereafter, he filed a bail petition before this Court in Crl.O.P. No.18655 of 2010 and the same was also dismissed. The co-accused has been granted bail on 2.9.2010. While the matter stood thus, the detention order came to be passed on 3.9.2010. It is pertinent to point out that the order copy in respect of bail granted to the co-accused was obtained from the Court only on 2.9.2010 and the same was placed along with the detention order, which was passed on 3.9.2010. Hence, it is quite clear that the Detaining Authority could not have perused the copy of the bail order granted in favour of the co-accused which was issued on 3.9.2010 and passed the detention order. The copy of the bail order should have been placed after passing of the detention order, which would vitiate the detention order. On these grounds, the detention order has got to be set aside.