K ABUTHAHIR ALIAS SAIT Vs. STATE

JUDGEMENT

(1.) THE detenu himself is the petitioner. He has been branded as "Goonda" and detained under the provisions of the Tamil Nadu Act 14 of 1982 by the impugned order of detention dated 11.10.2007 passed by the second respondent.

(2.) THOUGH several contentions were raised on behalf of the petitioner in challenging the detention order, for the disposal of this petition, suffice for us to refer to the contention of Mr.S.Swamidoss Manokaran, learned counsel for the petitioner. In paragraph-7 of the detention order, the detaining authority has stated that

(3.) THE law on this issue is by now well settled. In the judgment in Vazhivittan v. THE State of Tamil Nadu reported in 2006-1-LW (Crl.) 24, it has been held that a mere statement that there is a possibility of the detenu getting released in case he moves a bail application would not satisfy the mandatory requirement. Subsequently, in yet another judgment in Chandru v. THE Commissioner of Police, Tiruchirappalli city and others reported in 2007 (1) TCJ 766, this Court has held that in the absence of any materials available to sustain the awareness of the detaining authority that the detenu would file a bail application and would come out on bail, the detention order is vitiated.