MUTHU Vs. SECRETARY TO GOVENMRNT

JUDGEMENT

(1.) PER

(2.) THE impugned Detention Order has been assailed on the ground that the Detaining Authority, while passing the impugned detention order, in spite of noticing the fact that the detenu has not moved any Bail Application so far, observed that there is real possibility of the detenu coming out on bail by filing Bail Application. This shows non-application of mind on the part of the Detaining Authority while passing the impugned detention order. Hence, the impugned detention order is liable to be quashed, which is accordingly quashed. THE habeas corpus petition is allowed. THE detenu is directed to be set at liberty forthwith, unless his custody is required in connection with any other case. - Petition allowed.