AZHAGIRI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner is the friend of one Kutti @ Venkatesh, who was detained as Goonda, as contemplated under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982), by the impugned proceedings dated 06. 12. 2004. He challenges the said detention order on various grounds.

(2.) LEARNED counsel appearing for the petitioner, at the foremost, projected that in the absence of sufficient materials that the detenu will come out on bail in the grounds of detention, the detention order is liable to be quashed on the ground of non-application of mind.

(3.) WITH regard to the said contention, learned counsel for the petitioner took us through paragraph No. 5 of the grounds of detention, wherein, the Detaining Authority has stated that he was aware that Kutti @ Venkatesh had been remanded to judicial custody on 24. 11. 2004 and that he is still in Central Prison, Salem, as a remand prisoner. It is further stated that he was also aware that no bail application has been filed by him or on his behalf so far. In such circumstances, by observing that the imminent possibility of his filing a bail application in near future cannot be ruled out and after holding that if he applies for bail, "he may be released on bail", because in similar cases, bail is granted by the lower court or the higher court after efflux of certain time, the Detaining Authority arrived at a conclusion that if he is let out on bail, he is likely to indulge in such prejudicial activities in future, and passed the impugned order of detention.