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 in Crime No.123 of 2015 registered
on the file of Puliyarai 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 Principal Sessions
Judge, Tirunelveli, in CRMP.No.373 of 2012 on 07.02.2012. 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.