RAVI ALIAS RAVIRAJAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner, who was detained as "goonda" under Tamil Nadu Act 14 of 1982 by the impugned proceedings dated 30/7/2004, challenges the same in this petition.

(2.) AFTER taking us through the grounds of detention and all other connected materials, learned counsel for the petitioner would submit that in view of the fact that at the time of the detention order, the petitioner was a remand prisoner and no application for bail was filed. He also submits that in the absence of any application for bail, the imminent possibility of coming out on bail does not arise. Hence, the detaining authority has not considered this vital aspect. In order to appreciate the said contention, it is useful to refer the following statement of fact made in para 5 (ii) of the grounds of detention:

(3.) UNDER these circumstances, the impugned order of detention dated 30-7-2004 is set aside. Habeas Corpus Petition is allowed. The detenu-Ravi @ Ravirajan is directed to be released and set at liberty forthwith unless his detention is required for any other cause.