MANIKANDAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The present Habeas Corpus Petition is directed against the Detention Order passed by second respondent in H.S(M) Confdl No.08/19, dated 4.2.2019.

(2.) The Sponsoring Authority had recommended for the detention of the Petitioner under Act 14 of 1982 on the ground that there are three adverse cases against the Petitioner and the Petitioner was thereafter arrested in the ground case and that he is a habitual offender. The Detaining Authority has branded the detenu as a ''Goonda'' and has passed the Detention order, dated 4.2.2019. Even though various grounds has been raised in the Petition challenging the Detention Order, the learned counsel for the Petitioner focussed his arguments only on the ground that the Detaining Authority was aware of the fact that the Petitioner/Detenu was arrested in two adverse cases and in the ground case. However, while coming to the subjective satisfaction, the Detaining Authority has spoken about the arrest in only one of the adverse case in which the detenu was granted bail and there was no reference to the other adverse case where the Petitioner continued to be in judicial custody. That apart, the Petitioner had already filed the bail petition before the concerned Court in the ground case and the same was dismissed on 23.1.2019. The Detaining Authority after taking note of this dismissal order, has come to a subjective satisfaction on the ground that there is a possibility of the Petitioner filing a fresh bail petition in future and that in similar cases, the accused persons are being granted bail by the Sessions Court.

(3.) The learned counsel submitted that the subjective satisfaction was arrived at by the Detaining Authority without any supporting materials and therefore, the Detention Order suffers from non-application of mind.