J PALANI Vs. COMMISSIONER OF POLICE SECRETARY TO GOVERNMENT, GOVERNMENT OF TAMILNADU, PROHIBITION AND EXCISE DEPARTMENT

JUDGEMENT

(1.) The Petitioner challenges the detention order dated 20.12.2006, clamped on him by the Second Respondent branding him as "Goonda" as contemplated Under Section 2(f) of T.N. Act 14/1982.

(2.) The Petitioner had earlier come to adverse notice in three cases, viz., V1 Villivakkam P.S. Cr. No. 481/06 Under Section 341, 323, 324 & 506(ii) IPC, V6 Kolathur P.S. Cr. No. 474/06 Under Section 454 & 380 IPC and V6 Kolathur P.S. Cr. No. 486/06 Under Section 341, 384 & 506(ii) IPC. The immediate cause for the detention order was the occurrence on 01.12.06, wherein, the Petitioner is alleged to have attempted on the life of the Police, who went to apprehend the Petitioner in connection with Cr. No. 486/06. The ground case was registered in V6 Kolathur P.S.Cr. No. 488/06 Under Section 353, 336, 427, 307 and 506(ii) IPC.

(3.) Even though, several contentions were raised and argued as well, we do not deem it necessary to go into each and every one of them, since, in our view, the submission that there was no immediate chance of the Petitioner being released on bail and yet the Detaining Authority had passed the detention order merits acceptance. The learned Counsel for the Petitioner has contended that the grounds of detention reflect awareness of Detaining Authority in Cr.Nos. 474/06, 486/06 and 488/06, whereas, bail was moved only in Cr.Nos. 474/06 and 486/06 and while so, there was no real possibility of the Petitioner being released on bail and therefore, the detention order is vitiated.