ARAVIND CHOUDHARY Vs. THE STATE OF TELANGANA

JUDGEMENT

(1.) Vide the present petition, the petitioner has challenged the order dated 27.08.2016 whereby the detenu has been detained in prison by the second respondent, as being illegal, arbitrary and violative of Articles 21 and 22 of the Constitution of India and consequently the second respondent be directed to release the detenu forthwith.

(2.) Learned counsel appearing on behalf of the petitioner submits that while passing the detention order, the second respondent has taken into consideration 6 crimes, which are mentioned in detention order dated 27.08.2016 and in the grounds of detention. The detenu was taken into custody on 10.07.2016.

(3.) He further submits that in first 4 cases, bail has already been granted by the concerned Court. However, the detenu has not furnished the surety. Therefore, there is no likelihood of releasing the detenu from the judicial custody. He further submits that in 5th case i.e., in Crime No. 181 of 2016 for the offence punishable under Sections 406, 420 and 506 Penal Code read with 34 of Penal Code registered at Ramgopalapeta Police station, Hyderabad, the detenu has moved a bail application, however, till date, no order has been passed in the said application. Moreover, in 6th case i.e., in Crime No. 206 of 2016 for the offence punishable under Sections 420 and 406 Penal Code, registered at Bahadurpura Police Station, Hyderabad, the detenu has not even moved a bail petition. Therefore, there was no imminent possibility of the detenu to come out from the judicial custody. Thus, there was no ground before the second respondent to detain the detenu by passing order dated 27.08.2016.