K. VIJAYAKUMAR Vs. THE STATE OF TAMILNADU

JUDGEMENT

(1.) THE petitioner is the brother of detenu. The detenu has been branded as a "Goonda" under the Tamil Nadu Act 14 of 1982 and detained under order of the 2nd respondent passed in BDFGISSV No.645/2013 dated 09.08.2013.

(2.) THE detenu came to adverse notice in the following cases: -

(4.) A reading of the detention order shows that the detaining authority, by stating that in similar cases, one registered at R -1, Mambalam Police Station in Crime No.1561 of 2011 for offence under Section 379 IPC, bail was granted to the accused therein by the learned XVII Metropolitan Magistrate, Saidapet, Chennai in Crl.M.P.No.3359 of 2011 and another registered at K -4, Anna Nagar Police Station in Crime No.2469 of 2012 for offences under Sections 341, 294(b), 336, 353, 427, 307 and 506(ii) IPC, bail was granted to the accused therein by the learned Principal Sessions Court, Chennai in Crl.M.P.No.11361 of 2012, inferred that there is a real possibility of detenu being enlarged on bail in the event of filing any bail application in respect of adverse and ground cases in Crime Nos.819 of 2013, 835 of 2013, 1389 of 2013, 1840 of 2013, and 1408 of 2013. In such situation, it is incumbent on the part of the detaining authority to provide a copy of bail order, pertaining to the similar case to the detenu. But a perusal of the entire booklet reveals that there is no material annexed in it with respect to the similar case relied upon by the detaining authority in respect of Crime No.1561 of 2011 in Crl.M.P.No.3359 of 2011, which in our considered opinion, would definitely deprive the detenu the opportunity of making effective representation to the authorities concerned. The same, which amounts to an infringement of right ensured under Article 22(5) of the Constitution of India, vitiates the order of detention. Thus, for the reason stated herein -above, the impugned detention order cannot be sustained.