C PADMAVATHY Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) This Habeas Corpus Petition has been filed by the petitioner, who is the mother of the detenu Lokeshkumar,son of Chandran, for a direction to call for records relating to the order of the 2nd respondent dated 22.8.2003 in No.386 of 2003, whe id authority has detained the detenu as a 'Goonda' under preventive detention invoking the provisions of Act 14/1982 on ground that he is a threat to public order and to direct the respondents to produce the said detenu now detained in Central Prison, Ve llore before this court and to set him at liberty. (Order of the court was made by N.V.BALASUBRAMANIAN,J) This Habeas Corpus Petition has been filed by the petitioner, who is the mother of the detenu Lokeshkumar,son of Chandran, for a direction to call for records relating to the order of the 2nd respondent dated 22.8.2003 in No.386 of 2003, whe id authority has detained the detenu as a 'Goonda' under preventive detention invoking the provisions of Act 14/1982 on ground that he is a threat to public order and to direct the respondents to produce the said detenu now detained in Central Prison, Ve llore before this court and to set him at liberty.

(2.) We heard the learned counsel for the petitioner and the learned Government Advocate (Criminal side) for the respondents.

(3.) We are of the view that the order of detention is liable to be quashed on the very short ground that the detaining authority while passing the order of detention has not considered that the detenu has not filed any bail application since t incident is stated to be 12.7.2003 and he has also not considered the gravity of the offence of the ground case and whether there was a possibility for the detenu to file the bail application and there was also imminent possibility for him to come out on bail.