S. MOOKKAMMAL Vs. COMMISSIONER OF POLICE TIRUNELVELI CITY

JUDGEMENT

(1.) H .C.P is filed by the mother of the detenu viz., Esakki @ Kodaikkan Esakki, aged 29 years, who is detained in Central prison, Tiruchirapalli as a Black Marketer under Section 3 (2) (a) read with 3 (1) of the Prevention of Black Marketing and maintenance of Supplies of Essential Commodities Act, 1980. Now, he has been detained in Central Prison, Tiruchirappalli.

(2.) THE contention raised by the learned counsel for the petitioner in this Habeas Corpus Petition is that a case was registered under Section 307 of the Indian Penal Code and the detenu filed bail application in Crl.M.P.No.3028 of 2011 on 2/8/2011 in connection with Crime No.542 of 2011 and the same was dismissed on 4/8/2011 and no bail application was pending. However, the detaining authority has passed the order of detention on the ground that in similar cases, bails were granted by the concerned Courts or higher Courts.

(3.) THE Habeas Corpus Petition was admitted on 15/12/2011 and counter was also filed by the first respondent. In paragraph 8 of the counter affidavit and in the counter affidavit it is not repudiated by stating any details regarding other cases. In the booklet also the connected each pages said to have been granted bail in similar cases are not placed.