(Order of the Court was made by M.CHOCKALINGAM, J) This Writ Application challenges an Order of Detention made by the secondrespondent on 14.9.2009 whereby the petitioner herein was ordered to be detainedunder the provisions of the Tamil Nadu Prevention of Dangerous Activities ofBoot-Leggers, Drug Offenders, Forest Offenders, Goondas, Immoral TrafficOffenders, Sand Offenders, Slum-grabbers and Video Pirates Act, 1982 (Tamil NaduAct 14 of 1982) branding him as a "Goonda".The Court heard the learned counsel appearing for the petitioner andlooked into all the materials available, in particular, the order underchallenge.The detenu was involved in eight adverse cases as follows:D.Shanmugaraja Sethupathi, learned counsel for the petitioner, interalia, assailing the order of detention would submit that the detenu filed bailapplication before the Court of Judicial Magistrate No.II, Madurai in respect ofthe ground case in Crime No.1879 of 2009 and the same was dismissed on 31.8.2009on the ground that the case was exclusively triable by Courts of Sessions.Thus, the said bail application was dismissed.The order of detention came tobe passed on 14.9.2009 but the day when the order came to be passed, noapplication was pending before any Court of criminal law insofar as the groundcase was concerned but the detaining authority has stated that there was a realpossibility of the detenu coming out on bail.Thus, the observation was madewithout any basis or material much less cogent material.Under thecircumstances, the order of detention has got to be set aside.According to the learned Additional Public Prosecutor appearing for theState, a statement was recorded from the wife of the detenu that she was takingsteps to apply for bail.Hence, the detaining authority was perfectly correctin recording so.After looking into the materials available, the Court cannotcountenance the reason adduced by the learned Additional Public Prosecutor forthe State.It is true a bail application was filed before the Court of JudicialMagistrate No.II, Madurai in respect of the ground case in Crime No.1879 of 2009and the same was dismissed on 31.8.2009 on the ground that the case wasexclusively triable by Courts of Sessions and thereafter, no bail applicationwas filed.Thus, it would be quite clear that no bail application was filed orwas pending on 14.9.2009 when the order under challenge came to be passed.Underthe circumstances, the observation made by the detaining authority that therewas a real possibility of the detenu coming out on bail is only an expression ofapprehension passing in the mind of the detaining authority without any basis ormaterial much less cogent material.Under the circumstances, the order ofdetention has got to be set aside.8.Accordingly, the order of detention is set aside.The detenu isdirected to be set at liberty forthwith unless his presence is required inconnection with any other case.The Habeas Corpus Petition is allowed.2.The Commissioner of Police, Madurai City, Madurai.3.The Inspector of Police, D-2, Sellur Police Station, Madurai.4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Cited provisions: Section 341 in The Indian Penal Code; Section 506 in The Indian Penal Code; Section 397 in The Indian Penal Code