LALITHKUMAR ALIAS LALITH Vs. STATE

JUDGEMENT

(1.) HEARD Mr. K. S. Swamidoss Manokaran, learned counsel appearing for the petitioner and Mr. M. Babu Muthu Meeran, the learned additional Public Prosecutor appearing for the respondents.

(2.) THE order of detention, on the allegation that the detenu is a Goonda, within the meaning of Act 14 of 1982, is in question. THE detenu is aged about 21 years. THE Order of detention was passed on 4. 12. 2006. In the grounds of detention, a reference has been made to several adverse cases and one ground case. It is not in dispute that the detenu has been shown to be arrested in all the adverse cases as well as the ground case. In most of the adverse cases, it is alleged that the detenu had committed an offence under sections 457 and 380 IPC. In the ground case, the allegation is that the detenu has committed an offence inter-alia under Sections 392 and 397 IPC.

(3.) IN several decisions of this Court, it has been held that mere mechanical recital would not be sufficient and the detaining authority should apply his mind to the possibility of the detenu being released on bail on the basis of the materials on record. IN the present case, in the absence of any reference to so many adverse cases wherein serious allegation has been made, it can be concluded that the subjective satisfaction of the detaining authority is vitiated and the order of detention is liable to be quashed. Hence, the order of detention dated 4. 12. 2006 passed by the first respondent stands quashed. This habeas corpus petition is allowed. The detenu is directed to be set at liberty forthwith unless his detention is otherwise required in connection with any other case.