IN THE MATTER OF: THE DETENU P. KRISHNAMOORTHY Vs. THE GOVT. OF TAMIL NADU REP. BY SECRETARY TO GOVT. HOME DEPT., MADRAS AND THE DIST. COLLECTOR AND DIST. MAGISTRATE, VELLORE

JUDGEMENT

(1.) This hebeas Corpus petition coming on for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of V. Raghavachari, Advocate for Petitioner, and of Mr. A. Navaneethakrishnan, Additional Public Prosecutor on behalf of the respondents, this Court passed the following Order.

(2.) The learned counsel for the petitioner pointing out the ruling of the Supreme Court in the case of Amritlal v/s. Union Government Through Secretary, Ministry Of Finance, reported in, 2000 (7) SUPR 584 would contend that the likelihood of moving an application for bail cannot be equated with likelihood of release. In the absence of the detention order mentioning that the detenu will come out on bail imminently or likely to be released, the detention order has to be set aside. Learned counsel also relies on yet another ruling of the Supreme Court in the case of Rivadeneyta Ricardo Agustin v/s. Government Of Delhi reported in, 1994 SCC (Cri) 354, wherein in paragraph 8 of the Judgment, the Supreme Court observed thus,

(3.) The learned Additional Public Prosecutor inter alia would contend that the detaining authority in fact applied his mind and passed the detention order and in that context the learned Additional Public Prosecutor would rely on the words "and to come out on bail".