R. MALATHI Vs. GOVERNMENT OF TAMIL NADU, HOME,

JUDGEMENT

(1.) This Habeas Corpus Petition is directed against the detention order of the second respondent in P.D.No.12 of 2019, dated 23.2.2019.

(2.) The Sponsoring Authority had recommended for the detention of the Petitioner under Act 14 of 1982 on a solitary case registered against the Petitioner in which the petitioner was arrested. The Detaining Authority has branded the detenu as a ''Goonda'' and has passed the Detention order, dated 23.2.2019.

(3.) The learned counsel for the Petitioner submitted that the detention order has been passed based on a solitary case that was registered in Crime No.4 of 2019, for the offence under Sections 147 , 148 , 341 , 302 and 109 of I.P.C. He further submitted that the bail petition that was filed by the detenu was dismissed on 10.01.2019 and as on the date of passing of the detention order, no bail petition was filed and pending. He further submitted that the detaining authority has come to a subjective satisfaction only on the ground that the accused persons who are similarly placed have been granted bail by the High Court. He further submitted that this cannot be the sole ground on which the detaining authority can arrive at such a subjective satisfaction.