A.JOSEPH Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner is the father of the detenu, Mr. J. Rajkumar @ Prabakaran @ Raja. The second respondent, by his proceedings in No. 134/BDFGISSV/2012 dated 5.10.2012, has detained him under Section 3(1) and (2) of the Tamil Nadu Act 14 of 1982. Challenging the same, the petitioner is before this Court with this Habeas Corpus Petition. The detenu, at the time of detention order, was in Palayamkottai Central Prison on an order of judicial remand made by the learned Judicial Magistrate No. 1, Tirunelveli on 2.10.2012 in connection with Palayamkottai Police Station Crime Nos. 342 of 2012 under Section 147 IPC r/w. 3(1)(b) of the Tamil Nadu Property (Prevention of Damage and Loss) Act and 1665 of 2012 under Sections 341, 294(b) IPC r/w 3(1)(b) of the Tamil Nadu Property (Prevention of Damage and Loss) Act. His remand period was to expire on 16.10.2012.

(2.) According to the detaining authority, he moved a bail application before the District and Sessions Court, Tirunelveli in Cr.M.P. No. 4695 of 2012 on 3.10.2012 in connection with the case in Palayamkottai Police Station Crime No. 1665 of 2012 and the same is pending. But, in respect of the case in Crime No. 342 of 2012, he had not moved any bail application. But, in Paragraph No. 6 of the detention order, the detaining authority has stated as follows:-

(3.) The learned counsel appearing for the petitioner would submit that the said conclusion arrived at by the detaining authority is totally baseless. In other words, according to him, there were no materials before the detaining authority to satisfy itself that there was real possibility of the accused coming out on bail in both the cases.