JIGIREDDI NOOKA RAJU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The son of one Jigireddi Gowri Naidu @ Naidu (hereinafter referred to as 'the detenu') filed this Writ Petition for issue of Habeas Corpus seeking release of the detenu after setting aside the detention order in (M) R.C.No. 1616/2016/C2 dated 19-09-2016.

(2.) The main ground of challenge to the impugned detention order is that out of five criminal cases on which the detention order was passed, the detenu could not secure bail in one case i.e. crime No. 23 of 2016 of Rolugunta Police Station and that in spite of the fact that the detenu has been in judicial custody from 12-04-2016 and that there being no possibility of grant of bail, the impugned detention order was passed on 19-09-2016.

(3.) Sri Challa Dhanamjaya, learned counsel for the petitioner, submitted that the detention order suffers from complete non-application of mind for the reason that respondent No. 2 has not recorded his satisfaction that there is a likelihood of the detenu securing bail and repeating the activities alleged against him. In support of his submission, learned counsel for the petitioner placed reliance on the judgments in Rekha Vs. State of Tamil Nadu, (2011) 5 SCC 244, Union of India Vs. Paul Manickam, (2003) 8 SCC 342, K. Anju Vs. State of Telangana and another, 2016 (3) ALT (Criminal) 413 (DB) (A.P.) and M. Ram Vs. State of Telangana and others, 2017 (1) ALD (Criminal) 89.