ANANDHAN Vs. PRINCIPAL SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) The present Habeas Corpus Petition is directed against the Detention Order passed by second respondent in Detention Order in Crl.M.P.No.20 of 2019 dtd. 21/5/2019.

(2.) The Sponsoring Authority had recommended for the detention of the petitioner under Act 14 of 1982 on one adverse case and one ground case registered against the Petitioner and the petitioner was thereafter arrested in the said case. The Detaining Authority has branded the detenu as a ''SAND OFFENDER'' and has passed the Detention order, dtd. 21/5/2019.

(3.) The learned counsel for the petitioner submitted that the Detention Order was passed based on the ground case that has been registered against the detenu in Crime No.40 of 2019, for the offence under Ss. 379, 353, 307 of I.P.C. r/w 21(1) of Mines and Minerals(D and R) Act, 1957. The learned counsel submitted that the Detaining Authority having stated that no bail petition has been filed by the detenu. However, he has arrived at the subjective satisfaction only on the ground that there is a likelihood of the detenu filing a bail application and therefore, the Detention Order is vitiated.