SIVA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner is the detenu, who, vide impugned Order of Detention, dated 05.04.2019, passed by the 2nd respondent by invoking Section 3(2) of the Tamil Nadu Act 14 of 1982, in branding the detenu as ''Goonda'', came forward to file this Habeas Corpus petition.

(2.) The Sponsoring Authority has recommended for the detention of the Petitioner, under Act 14 of 1982, on the three adverse cases and ground case, registered against the petitioner and the petitioner was thereafter arrested in the ground case. The detaining authority has branded the detenu as a Goonda and has passed the Detention Order, dated 05.04.2019.

(3.) The learned counsel appearing for the petitioner submitted that there are two adverse cases and a ground case and insofar as the adverse cases are concerned, the detenu had already been granted bail. The learned counsel further contended that the arrest of the detenu in the ground case was not intimated to the near relatives and the same is mandatory, under the Code of Criminal Procedure and therefore, the detention order itself is bad.