SICKANDER Vs. SECRETARY TO GOVT OF TAMILNADU

JUDGEMENT

(1.) THE order dated 17. 2. 2005 detaining the detenu under the COFEPOSA is challenged in this petition.

(2.) THE main ground urged by the counsel for the petitioner, who is the father of the detenu, is that there is no reference in the grounds of detention about the imminent possibility of the detenu being released on bail. It is submitted that the detenu was arrested on 9. 2. 2005 and remanded to judicial custody on 10. 2. 2005 and within seven days i. e. on 17. 2. 2005, the detention order has been passed. It is stated that he has been arrested on a non-bailable offence and there is no possibility of his coming out on bail. Still, the detention order would state that that the government was satisfied that there are possibilities of the detenu being released on bail.