M RAJAPPA ALIAS SULTAN Vs. STATE OF TAMIL NADU; DISTRICT COLLECTOR/DISTRICT MAGISTRATE COLLECTORATE; SUPERINTENDENT OF CENTRAL PRISON

JUDGEMENT

(1.) The petitioner is the detenu, M.Rajappa @ Sultan, S/o.Maideen Abdul Kadhar, 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 second respondent, in his proceedings, in M.H.S.Confdl No.57/2012, dated 30.06.2012. In view of the detention order passed by the second respondent dated 30.06.2012 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 second respondent, dated 30.06.2012.

(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 appearing on behalf of the petitioner had submitted that the Detaining Authority concerned had stated, in the grounds of detention, that there is a real possibility of the detenu coming out on bail, as an order had been passed, in a similar case, wherein bail had been granted.