Velumurugan @ Velu vs The Commissioner of Police and Another

M. Karpagavinayagam, J.—The order of detention dated 4.9.2004, branding the detenu as a Goonda, is challenged in this habeas corpus

petition filed by the detenu, only on the ground that the detaining authority has not applied his mind with reference to the imminent possibility of the

detenu being released on bail.

We have heard learned counsel for the petitioner and learned Additional Public Prosecutor for the respondents.

It is settled law as laid down by the Supreme Court in the decisions Kamarunnissa and Others Vs. Union of India and another, and Rivadeneyta

Ricardo Agustin v. Government of the National Capital Territory of Delhi ; that unless there is a clear expression by the detaining authority in the

grounds of detention with reference to the imminent possibility of the detenu being released on bail by filing bail application, the detaining authority

would not choose to pass the detention order. In order to prevent the detenu from committing the acts, which would be disturbance to public order

and public health, the detaining authority shall consider the materials and on the basis of subjective satisfaction that there is imminent possibility of

the detenu coming out on bail or likelihood of the detenu being released on bail, the detaining authority may pass such an order under Tamil Nadu

Act 14 of 1982. When such an essential requirement, namely, the imminent possibility of the detenu coming out on bail, is absent, it has to be held

that the order of detention is vitiated.

On going through the relevant paragraph of the grounds of detention, we only notice that there is a mere reference of the possibility of the detenu

coming out on bail. Admittedly, the expression, in explicit terms about the imminent possibility of the detenu coming out on bail, is absent. In the

absence of the said expression in the grounds of detention, we are to conclude that the impugned order of detention is liable to be set aside.

Accordingly, the impugned order of detention is set aside. The habeas corpus petition is allowed. The detenu is directed to be set at liberty

forthwith, unless he is required in connection with any other case.