KUMAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Heard Mr.S.Sundarapandian, learned counsel for the petitioner and Mr.V.Neelakandan, learned Additional Public Prosecutor for the respondents and perused the materials available on record.

(2.) Challenging the order of detention in No.22/2019 dated 12.12.2019, passed by the second respondent, branding the detenu, namely, Vigneswaran aged about 26 years S/o Murugan, as "Goonda" as contemplated under Section 2(f) of the Tamil Nadu Act 14 of 1982, his cousin brother has filed this habeas corpus petition.

(3.) The learned counsel for the petitioner would state that the detenu has not moved any bail application in the ground case, however, the Detaining Authority has reached the subjective satisfaction that there is a real possibility of the detenu coming out on bail by filing bail application. According to the learned counsel for the petitioner, when there is no bail petition petition, there is no possibility of the detenu coming out on bail, which shows non-application of mind on the part of the Detaining Authority.