PULIANKOTTAI ALIAS ELANGO Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE detenu himself is the petitioner in this petition. He has been branded as a 'Goonda' and detained under sub-section (1) of Section 3 of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982) by the impugned order of detention dated 20.10.2007 passed by the second respondent.

(2.) THE prime attack of the detention order is that in the absence of any material to show that the detenu would file a bail application and there is a possibility of coming out on bail, the satisfaction said to have been arrived by the detaining authority to the said effect is unsupported by materials and consequently vitiates the order of detention.

(3.) IN order to arrive at the subjective satisfaction, the detaining authority must first consider whether there are materials to show that the detenu would file any bail application and secondly if such bail application is filed, the same would be considered and there is a possibility of coming out on bail.