VIGNESWARAN 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 Cr.M.P.No.02/Goonda/2019 dated 29.05.2019.

(2.) As per the grounds of detention, dated 29.05.2019, the detenu came under adverse notice in four adverse cases and in the ground case, which was registered in Crime No.88/2019 on the file of the Aruppukottai Taluk Police Station, who is the sponsoring authority, for offence under Sections 341 and 397 IPC.

(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.88 of 2019, for the offence under Sections 341 and 397 IPC. The learned counsel submitted that the Detaining Authority having stated that no bail Petition has been filed by the detenu, proceeded to arrive at the subjective satisfaction only on the ground that similarly placed accused person has been granted bail by the Sessions Court. The learned counsel further submitted that the subjective satisfaction has been arrived at without any materials and therefore, the Detention Order is vitiated.