MOHAMMAD KABHI Vs. THE STATE OF TAMIL NADU

JUDGEMENT

(1.) CHALLENGE is made to the order of detention passed by the second respondent vide Proceedings in Memo No. 1780/2013 dated 01.12.2013, whereby the detenu/the petitioner herein, was ordered to be detained under the provisions of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum -grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982) branding him as a "GOONDA".

(2.) AS per the grounds of detention dated 01.12.2013, passed by the second respondent, the detenu came to adverse notice in the following cases:

(3.) ACCORDING to the learned counsel appearing for the petitioner, the detenu has been in remand in the 2nd adverse case [Cr. No. 1572/2013] registered by S -15, Selaiyur Police Station and also in the ground case in Cr. No. 1447/2013 registered by S -14 Peerkankaranai Police Station and the detenu has not moved any bail applications in the said cases as on the date of the passing of the detention order. He would also contend that the detaining authority has placed reliance on the statement of the sponsoring authority to the effect that the relatives of the detenu are taking steps to take him out on bail by filing bail applications in the 2nd adverse case and in the ground case. The learned counsel would add that admittedly, in this case, the detenu has not moved any bail applications in 2nd adverse case as well as in the ground case. When no bail application is filed, there is no real possibility of the detenu coming out on bail. No cogent materials are available before the Detaining Authority to conclude/to apprehend that the detenu is likely to get bail in the ground case and in the 2nd adverse case and there is imminent possibility of the detenu coming out on bail in the said cases. Hence, it is stated that the Detaining Authority has passed the impugned detention order in total non -application of mind and the subjective satisfaction arrived at by the Detaining Authority that there is real possibility of the detenu coming out on bail in the 2nd adverse case and in the ground case, is a mere ipse dixit without any cogent materials. In support of his contention, he relies on the judgments of the Hon'ble Apex Court reported in [a] : 2006[1] MLJ [Crl.] 539, [T.V. SARAVANAN @ S.A.R. Prasanna Venkatachariar Chaturvedi V. State Of Tamilnadu Through Secretary And Another]; [b] : 2005[1] CTC 577 [Velmurugan @ Velu Vs. The Commissioner Of Police] and [c] : 2012[7] SCC 181 [Huidrom Konungjao Singh VS. State Of Manipur].