KANDEEBAN Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) 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 No. 595/BDFGISSV/2013 dated 03.08.2013. The detenu came to adverse notice in the following cases:- <FRM>JUDGEMENT_528_TLMAD0_2014_1.html</FRM> &nbsp;

(2.) Though learned counsel for the petitioner has raised several other grounds to assail the order of detention, he has mainly focussed his argument on the ground that though the detaining authority relied on two bail orders, viz., one granted by the learned XVII Metropolitan Magistrate Court, Saidapet, Chennai in a similar case to an accused therein in Crl.M.P. No. 3359 of 2011 and second one granted by the learned Principal Sessions Judge, Chennai in another similar case to an accused therein in Crl.M.P. No. 11090 of 2011 and arrived at the subjective satisfaction that there is a likelihood of the detenu coming out on bail in respect of Crime Nos. 2022 and 2016 of 2013, ground case and 6th adverse case, but the said material information relied on by the detaining authority has not been furnished to the detenu at the time of passing the order of detention, which has deprived the detenu in making effective representation for his redressal and 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.