PARAMASIVAN Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) THE petitioner is the father of the detenu, P.Suresh, S/o.Paramasivan, who has been detained, under sub section (1) of Section 3 of the Tamil Nadu Prevention of Dangerous Activities of Boot leggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982 (in short 'Tamil Nadu Act 14 of 1982'), pursuant to the order passed by the first respondent, in his proceedings, in No.88/BDFGISSV/2012, dated 17.07.2012. In view of the detention order passed by the first respondent dated 17.07.2012, the detenu had been lodged in Central Prison, Palayamkottai. The present Habeas Corpus petition has been filed before this Court, challenging the detention order of the first respondent, dated 17.07.2012.

(2.) THE main contention raised on behalf of the petitioner is that there was no real possibility of the detenu coming out on bail and indulging in activities prejudicial to the maintenance of public order. The learned counsel appearing on behalf of the petitioner had submitted that there were no materials available before the Detaining Authority to arrive at such a conclusion. As such, the Detaining Authority had arrived at the conclusion, without proper application of mind.

(3.) THE learned counsel had pointed out that the Detaining Authority concerned had mentioned about the similar case, in paragraph 6 of the grounds of detention. The relevant paragraph of the grounds of detention reads as follows:-