DHARMAR Vs. STATE OF TAMIL NADU, REP. BY DEPUTY SECRETARY TO GOVERNMENT, PROHIBITION AND EXCISE DEPT AND

JUDGEMENT

(1.) ONE Dharmar (Petitioner) is the detenu. He is stated to have been involved, apart from the ground case, in two other adverse cases, covered by Serial Nos. l and 2 of paragraph 1 of grounds of detention.

(2.) (a) The ground case incident took place the next day viz., 11.5.94 at 10:00 A.M. near Urundayankoil at Muthukrishnapuram, Tuticorin. The occurrence in the ground case on the complaint of one Rajan, had been registered as a case in Crime No. 486/94 on the file of Tuticorin North Police Station for the alleged offences under Sections 341, 342, 427 and 506(2), I.P.C. The Inspector of Police, Tuticorin North Police Station took up further investigation of the case.

(3.) MR . R. Shanmugasundaram, learned Counsel appearing for the Petitioner would press into service the lone and sole ground viz. that there was utter non -application of mind on the part of the second Respondent Detaining Authority as respects the imminent possibility of the detenu coming out on bail and further indulge in activities which would be prejudicial to the maintenance of public order which is getting reflected in paragraph 5 of the grounds of detention and on this short ground alone he would say that the impugned order of detention is liable to be set aside.