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Velayutham vs The Secretary To Government on 18 January, 2016 cites

Rekha vs The State Of Tamil Nadu on 16 June, 2015

8. The Detaining Authority referred to the fact that no bail applications were filed in the adverse cases, namely, Crime No.144 of 2015 registered on the file of Seevalaperi Police Station and Crime No.155 of 2015 registered on the file of Sivanthipatti 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 a similar case, not being a case of a co-accused in the very same case, another person was granted bail by the learned Judicial Magistrate No.V, Tirunelveli in CRMP.No.3795 of 2014 on 17.07.2014. 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.
Madras High Court Cites 11 - Cited by 289 - S Tamilvanan - Full Document

Huidrom Konungjao Singh vs State Of Manipur & Ors on 17 May, 2012

8. The Detaining Authority referred to the fact that no bail applications were filed in the adverse cases, namely, Crime No.144 of 2015 registered on the file of Seevalaperi Police Station and Crime No.155 of 2015 registered on the file of Sivanthipatti 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 a similar case, not being a case of a co-accused in the very same case, another person was granted bail by the learned Judicial Magistrate No.V, Tirunelveli in CRMP.No.3795 of 2014 on 17.07.2014. 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.
Supreme Court of India Cites 29 - Cited by 619 - B S Chauhan - Full Document
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