LAKSHMI BAI NAT Vs. SECRETARY TO THE GOVERNMENT

JUDGEMENT

(1.) Challenge in this Habeas Corpus Petition is to the Detention Order dated 30.05.2012 passed by the second respondent in his proceedings in C.P.O/TC/IS/D.O. No. 27/2012 by which the second respondent has held that the petitioner is a Goonda and has ordered him to be detained at Central Prison, Tiruchirappalli, under Section 3(1) 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 "the Act). Though several grounds have been raised in this Habeas Corpus Petition, the learned Counsel appearing for the petitioner would mainly contend that in the grounds of detention, the Detaining Authority has stated that, in a similar case, registered under Sec. 392 r/w. 397 IPC in Woraiyur P.S.Cr. No. 989/2010 in Cr. MP. No. 1084/ 2010 on 2.6.2010, bail was granted to Thiru Kalidoss by the Sessions Court, Tiruchirappalli. Having referred to the same, the Detaining Authority has further observed as follows:-

(2.) The learned counsel would further submit that to arrive at such a conclusion that there was most likely of the detenu coming out on bail, there was no material available on record. The learned counsel would further point out that though it is stated in the grounds of detention that in similar cases, bails are granted by the Courts concerned, the details of such cases, upon which the Detaining Authority had come to the said conclusion, have not been furnished.

(3.) In this regard, the learned counsel for the petitioner would rely on the Judgment of a Division Bench of this Court in Jothi Vs the Secretary to Government, 2012 2 LW(Cri) 527 wherein, in identical circumstances, in Paragraph No. 17, the Division Bench has held as follows:-