MURUGESAN Vs. DISTRICT COLLECTOR AND DISTRICT MAGISTRATE

JUDGEMENT

(1.) Heard Mr.K. Ravichandran for the petitioner and Mr.M.K. Subramanian, Government Advocate for the respondents.

(2.) The order of preventive detention dated 22.2.2003 passed by the District Collector and District Magistrate, Tiruvallur District under Tamil Nadu Act 14 of 1982 is being challenged in the present Habeas Corpus Petition.

(3.) The detention order dated 22.2.2003 is based on the ground case registered in Sevvapet Police Station Cr.No.49/2003 under Sections 147, 148, 427 and 506(2) IPC on 1.2.2003. In the order of detention, there is a recital to the effect that detenu has been remanded in connection with the said case and there is imminent possibility that he may come out on bail for the offence under sections 147,148,427 and 506(ii) IPC by filing bail application in Court. However, it is an admitted fact that detenu was also in custody in connection with a more serious offence in Cr.Nos.47 and 48/2003 of the same police station, wherein the allegation was to the effect that detenu and others have committed offence under Sections 147,148,302 and 506(ii) IPC. There is no reference in the order passed by the detaining authority regarding the imminent possibility of the detenu coming out on bail in connection with those cases. In other words, even though the detaining authority was conscious of the fact that the detenu was likely to be released on bail in the ground case, where the offence was less serious in nature, he was not considered the fact whether accused persons were likely to be released on bail in the adverse cases, where the offence was more serious in nature. This would indicate the non-application of mind of the relevant factor on the part of the detaining authority. On this ground, the order of preventive detention is liable to be quashed.