K.SARASWATHI Vs. STATE

JUDGEMENT

(1.) The petitioner is the wife of the detenu, namely, Kali, aged 60 years, son of Adivetti, who has been detained under the Tamil Nadu Act 14 of 1982 by the order of the first respondent, in his proceedings in M.H.S.Confdl No. 02/2016 dated 10.01.2016, branding him as a 'Goonda', taking note of the ground case in Crime No.152 of 2015 on the file of Puliyarai Police Station, registered for the alleged offence punishable under Sections 341, 294(b), 506(ii) I.P.C. and also the following adverse cases:

(2.) We have heard the learned Senior Counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

(3.) Though several grounds have been raised in this petition, the learned Senior Counsel appearing for the petitioner would mainly focus his argument on the ground that the subjective satisfaction arrived at by the Detaining Authority that there was every real possibility for the detenu to come out on bail is not based on any material. Moreover, the detaining authority referred to a bail order in a different case when no bail application was pending as on the date of the order of detention in the ground case. The said comparison to express subjective satisfaction is against the dictum of the Hon'ble Supreme Court consisting of three Hon'ble Judges in Rekha Vs. State of Tamil Nadu, reported in 2011 (5) SCC 244 and also the judgment of a Division Bench of the Madras High Court in H.C.P(MD).No.1154 of 2015, dated 11.08.2015 [Chandrakala Vs. The Secretary to Government] and thus, the detention order is liable to be set aside. This, according to the learned Senior Counsel appearing for the petitioner is totally baseless and reflecting the total non -application of mind of the Detaining Authority.