SYED SADIQ Vs. STATE OF TAMIL NADU REP

JUDGEMENT

(1.) The orders of detention were made on 30-9-2002 on the ground that the detenus are Goondas, who had on 27-7-2002, attacked the witness who was to have deposed during the trial of a case arising out of an incident which had occurred some years earlier on 14-12-1998, in which the detenus had been charged with offences under Sections 307 and 302 I.P.C., which offences were alleged to have committed in association with others.

(2.) The detenus had filed an application for bail in Crl.O.P.No.21002 of 2002 prior to the orders of detention, on 4-9-2002. That application was dismissed by this Court after observing as under:

(3.) The said order of this Court was not placed before the detaining authority even though the sponsoring authority had filed more than one affidavit before the detaining authority, last of such affidavit has been filed on 28-9-2002. The detaining authority has proceeded to make the orders of detention by assuming that the detenus will get bail in the normal course. That assumption was made without taking note of the actual facts of the case and the decision of this Court on the bail application.