MANGAMMA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner is the mother of detenue. The detenue has been branded as an "Immoral Traffic Offender" under the Tamil Nadu Act 14 of 1982 and detained under order of the 2nd respondent passed in No. 1001/BDFGISSV/2013 dated 14.09.2013. The detenue came to adverse notice in the following cases:

(2.) Though learned counsel for the petitioner has raised several other grounds to assail the order of detention, he has mainly focused his argument on the ground that though the detaining authority relied on a similar case wherein bail was granted to an accused therein by the learned IV Metropolitan Magistrate Court, Saidapet, Chennai in Crl. M.P. No. 4766 of 2013 and arrived at the subjective satisfaction that there is a likelihood of the detenue coming out on bail in respect of Crime No. 57 of 2013, ground case, but grounds raised for grant of bail in the said similar case was entirely different from the present case. Moreover, accused therein had no previous case and investigation also stood completed, whereas such is not the position with the present detenue. Therefore, on this sole ground, the detention order is liable to be quashed.

(3.) We have heard the learned Additional Public Prosecutor on the above submission.