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Judgment
(Order of the Court was made by N.Sathish Kumar J.)
The order of detention passed by the second respondent in his proceedings in No.205/BBCDEFGISSSV/2026 dated 04-04-2026 is sought to be quashed in the present Habeas Corpus Petition.
We have heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for respondents. We have also perused the records submitted by the detaining authority.
Though several grounds have been raised by the petitioner in the habeas corpus petition assailing the detention order, in the hearing, learned counsel for the petitioner confined his argument only with regard to non-application of mind on the part of the detaining authority in arriving at the subjective satisfaction regarding imminent possibility of detenue being enlarged on bail while passing the impugned order of detention.
The learned counsel for the petitioner submitted that the detaining authority arrived at the subjective satisfaction of detenue being released on bail based on the bail granted in the case of one Hariharan in Crl.M.P.No.11940 of 2024, but the facts of the said case is totally different.
The learned counsel drew the attention of this Court to Page No.171 of Volume II of the booklet wherein vide order 11.11.2024 bail was granted to one Hariharan in Crl.M.P.No.11940 of 2024. A careful perusal of the said order, brings to light that the facts of the said case is totally different as that of the instant case. In the similar case, there is one previous case for the accused whereas in the instant case, there are more than seven previous cases. Therefore, taking the said bail order as the basis for arriving at subjective satisfaction regarding the imminent possibility of detenue being enlarged on bail is clearly vitiated. Therefore, the impugned preventive detention order deserves to be dislodged.
In the result, the detention order passed by the second respondent his proceedings in No.205/BBCDEFGISSSV/2026 dated 04-04-2026 is hereby set aside and the Habeas Corpus Petition is allowed. The detenue viz., Barath @ Barathkumar, S/o. Sekar, Male, aged about 25 years, is directed to be set at liberty forthwith unless he is required in connection with any other case.