LAWS(MAD)-2019-11-548

PUNITHA Vs. STATE OF TAMIL NADU

Decided On November 15, 2019
PUNITHA Appellant
V/S
STATE OF TAMIL NADU Respondents

JUDGEMENT

(1.) The present Habeas Corpus Petition is directed against the Detention Order passed by second respondent in Detention Order in P.D.No.16/2019 dated 20.05.2019.

(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 ''GOONDA'' and has passed the Detention order, dated 20.05.2019.

(3.) The learned counsel for the petitioner submitted that the Detention Order was passed based on on one adverse case and one ground case, that has been registered against the detenu in Crime No.195 of 2019, for the offence under Sections 341 , 294(b) , 387 , 307 and 506(ii) of I.P.C. The learned counsel submitted that the Detaining Authority having stated that no bail petition has been filed by the detenu, 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.