Rekha vs The State Of Tamil Nadu on 16 June, 2015
8. The Detaining Authority referred to the fact that no bail
application was filed in the ground case and the adverse case, namely, Crime
Nos.225 of 2015 and 223 of 2015 registered on the file of Suthamalli Police
Station. However, the Detaining Authority proceeded further to express a
subjective satisfaction that there was real possibility of the detenu coming
out on bail by filing a bail application, since in similar cases, not being a
case of co-accused in the very same cases, other persons were granted bail by
the learned Judicial Magistrate No.5, Tirunelveli and the learned Principal
Sessions Judge, Tirunelveli. Such a comparison of bail order passed in
another case, when no bail application is pending, to express subjective
satisfaction of the real possibility of the detenu coming out on bail is
against the dictum laid down by a Larger Bench of the Supreme Court in Rekha
Vs. State of Tamil Nadu, reported in (2011) 5 SCC 244, followed by a Division
Bench of the Hon'ble Supreme Court in Huidrom Konungjao Singh Vs. State of
Manipur and others reported in (2012) 7 SCC 181 and by this Court in an
unreported decision in H.C.P(MD).No.1567 of 2015 [Sri Devi Vs. Secretary to
Government of Tamil Nadu, Home Prohibition and Excise Department and others],
vide order dated 14.12.2015. Hence, as rightly contended by the learned
counsel for the petitioner, the Order of Detention is vitiated on the said
ground alone.