D VIJAYAKUMARI Vs. STATE OF TAMILNADU REP BY ITS SECRETARY TO GOVERNMENT PROHIBITION AND EXCISE DEPARTMENT FORT ST GEORGE CHENNAI

JUDGEMENT

(1.) THE Petitioner (wife of the detenu) has filed this Writ of Habeas Corpus Petition praying for issuance of a direction to call for the entire records related to her husband -K.Dhanasekaran's detention under Tamil Nadu Act 14 of 1982 as per detention order, dated 16.9.2011 on the file of the 2nd Respondent made in Proceeding No.303/BDFGISSV/ 2011 and to quash the same as illegal.

(2.) THE Petitioner's husband K.Dhanasekaran has been detained under Tamil Nadu Act 14 of 1982 as a 'Slum Grabber' as per detention order dated 16.09.2011 on the file of the 2nd Respondent in Proceedings No. 303/ BDFGISSV/2011, because of the ground cases mentioned in para 3 of the grounds of detention. According to the Petitioner, the Detaining Authority has relied upon 6 cases while passing the detention order.

(3.) THE Learned Senior Counsel for the Petitioner submits that in para 4 of the grounds of detention, it is mentioned by the Petitioner that her husband moved the bail application before the XVII Metropolitan Magistrate Court, Saidapet in Crl.M.P.No.4621 of 2011 registered in Crime No.25 of 2010 on the file of R -8, Vadapalani Police Station and the same has been dismissed on 08.09.2011. Further, another bail application in Crl.M.P.No.4205 of 2011 has been filed by her husband before the Chief Metropolitan Magistrate Court, Chennai in connection with Crime No.25 of 2010 on the file of R -8, Vadapalani Police Station and the same is pending. Also, her husband filed anticipatory bail petition in Crl.O.P.No.18511 of 2011 in Crime No.880 of 2011 on the file of R -10 MGR Nagar Police Station and the same is also pending. Another anticipatory bail application has been moved by her husband in Crime No.1107 of 2011 on the file of R -7 K.K.Nagar Police Station before the Principal Sessions Court, Chennai and the same was dismissed on 15.09.2011. Her husband also moved another bail application before the XXIII Metropolitan Magistrate, Saidapet, Chennai in Crime No.9518 of 2011 and the same is pending. Because of the above factors, the Detaining Authority's conclusion that there is a real possibility of detenu coming out on bail is without any cogent material and therefore, the detention order is liable to be set aside.