A. THIRUMALVALAVAN Vs. THE GOVERNMENT OF TAMIL NADU, REP. BY ITS SECRETARY, DEPARTMENT OF PROHIBITION & EXCISE, FORT ST. GEORGE, CHENNAI,

JUDGEMENT

(1.) THE question posed before this Court for consideration in this habeas corpus petition is as to whether it is necessary to assert on the part of the detaining authority in the grounds of detention while passing the order of detention on the detenu that there is imminent possibility of filing the bail application and consequently, there is imminent possibility of the detenu coming out on bail.

(2.) A . Thirumalvalavan, the petitioner herein, who is the brother of the detenu Elangonambi @ Elango @ Siva @ Sivakumar, has filed this habeas corpus petition seeking to set aside the order of detention dated 16.8.2004, branding the detenu as a Goonda.

(3.) ACCORDING to learned counsel appearing for the petitioner, the detaining authority has merely mentioned in the grounds of detention that,