CEMENT @ RAVIKUMAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The present Habeas Corpus Petition is directed against the Detention Order passed by second respondent in Detention Order in C.O.C.No.24 of 2019, dated 13.05.2019.

(2.) As per the grounds of detention, dated 13.05.2019, the detenu came under adverse notice in one adverse case and in the ground case, which was registered in Crime No.76/2019 on the file of the Velippalayam Police Station, who is the sponsoring authority, for offence under Sections 294(b), 386 and 307IPC.

(3.) The learned counsel for the Petitioner submitted that the Detention Order was passed based on one adverse case and a ground case that has been registered against the detenu in Crime No.76 of 2019, for the offences as stated supra. The learned counsel submitted that the Detaining Authority having stated that no bail Petition has been filed by the detenu or pending in the ground case, proceeded to arrive at the subjective satisfaction only on the ground that there is a likelihood of filing bail application. The learned counsel further submitted that the subjective satisfaction has been arrived at without any materials and therefore, the Detention Order is vitiated.