(1.) The petitioner in this case is one Pandi, who is the uncle of one Vellayan @ Muthu. The said Vellayan @ Muthu (referred to as "the detenu" hereafter) was ordered to be detained by the District Magistrate, Dindigul branding him as a Goonda under Section 3 of the Tami Nadu Prevention of Dangerous Activities of Bootleggers, Drug-Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders and Slum-Grabbers Act, 1982 (Tamil Nadu Act 14 of 1982).
(2.) It is seen from the background that on 14.8.2002, the detenu committed an offence under Section 302 IPC and probably absconded thereafter. The reference is to be found in paragraph 1 (iii). It is also a clear cut reference that the detenu surrendered before the Judicial Magistrate No.III, Tanjore on 21.8.2002. In paragraph 3, however, there is a specific reference to the incident on 15.8.2002, wherein the said detenu along with one Murugan snatched Rs.50/- from the auto rickshaw driver and also broke the front side glass of the auto and thereafter created rages, because of which the entire area came to a standstill. The detenu was proceeded against for the offences under Sections 341, 427, 392 and 506(II) IPC on account of this incident dated 15.8.2002. These crimes were registered as Crime No.414 of 2002. This incident is used as a ground case for the detention.
(3.) The learned counsel for the petitioner points out that in this case there was a complete non application of mind on the part of the detaining authority as the detaining authority has not even taken into consideration the major offence under Section 302 IPC while considering the possibility of the detenu coming out on bail. It is pointed out by the learned counsel that, in paragraph 5, only the prosecution of the detenu for the offences under Sections 341, 427, 392 and 506(II) IPC is considered and the detaining authority goes on to hold that in such type of cases there is every likelihood of the detenu going out on bail. However, there is not even a slight mention to the earlier case registered vide P.S.Crime No.411 of 2002 for the offences under Sections 147, 148, 341, 302 IPC. The learned counsel says that if this had been considered by the detaining authority, he might not have ordered the detention as it is difficult to come out on bail in such serious offences.