MARIYAMMAL Vs. ADDITIONAL CHIEF SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) Heard Mr.R.Vinoth Bharathi, 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 M.H.S.Confdl.No. 79/2019, dated 11.10.2019, passed by the second respondent, branding the detenu, namely, Siva alias Kurali Siva, son of Mariappan, aged about 28 years, as "Goonda" as contemplated under Section 2(f) of the Tamil Nadu Act 14 of 1982, his wife 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.