IYYAM PERUMAL Vs. STATE

JUDGEMENT

(1.) FATHER of the detenu challenges the impugned order of detention, dated 11/4/2008, detaining his son as "Goonda", as contemplated under the Tamil Nadu Prevention of dangerous activities of Boot leggers (Tamil Nadu Act 14/1982).

(2.) LEARNED counsel appearing for the petitioner points out that the ground case occurrence pertains to offences under Section 307 of the Indian Penal Code and that the Detaining Authority, while arriving at the subjective satisfaction, relied on a adverse case for offence punishable under Section 302 of the Indian Penal Code which relates to an occurrence that took place on the same day of the ground case occurrence namely 24/3/2008. It is the following observation of the Detaining Authority at para No.6 of the grounds of detention. "I am aware that Thiru.Athimoolam is in remand in Veeravanallur Police Station Crime number 81/2008 and he has not moved any bail application so far. I am also aware that there is real possibility of his coming out on bail by filing bail application for the above case since in similar cases bails are granted by the concerned Court or higher Courts. If he comes out on bail, he will indulge in further activities in future, which will be prejudicial to the maintenance of the public order." Referring to page No.129 of the booklet, which reveals that the detenu has been remanded to judicial custody in respect of the adverse case also, learned counsel submits that the Detaining Authority did not even consider as to whether the detenu was arrested and remanded in the adverse case and also the possibility of his coming out on bail in the said case, thus, there is non-application of mind on the part of the Detaining Authority, adversely affecting the ultimate order of detention passed by him.