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TMI Blog2017 (9) TMI 1980X X X X Extracts X X X X X X X X Extracts X X X X ..... detention on the ground of pre- determination. The Habeas Corpus Petition is allowed and the order of detention passed by the second respondent is set aside. X X X X Extracts X X X X X X X X Extracts X X X X ..... 16. The detention order in H.C.P.(MD) No.558 of 2016 was passed on 18 April, 2016. The detention order in H.C.P.(MD) No.687 of 2016 was passed on 18 May, 2016. Similarly, the detention order in H.C.P.(MD) No.688 of 2016 was passed on 11 May, 2016. 34.The affidavit of the sponsoring authority in H.C.P.(MD) No.556 of 2016 is dated 20 April, 2016. Based on the said affidavit, duly attested by the Commissioner of Police, the very same Commissioner of Police, Madurai, in his capacity as the Detaining Authority passed the order of detention on 21 April, 2016, which is challenged in H.C.P.(MD) No.556 of 2016. 40.The Act mandates that the Commissioner of Police must arrive a satisfaction on the basis of materials placed before him. In case the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ention orders are unsustainable in law."
6. In the subject case also, the detaining authority has actively participated in the process of sponsoring the name of the detenu for detention by attesting the affidavit filed by the sponsoring authority and it is sufficient to set aside the orders of detention on the ground of pre- determination.
7. In the result, the Habeas Corpus Petition is allowed and the order of detention in Detention Order No.24/2017, dated 12.04.2017, passed by the second respondent is set aside. The detenu, namely, Jeganathan @ Jegan, son of Thangam, male, aged about 36 years is directed to be released forthwith unless his detention is required in connection with any other case. X X X X Extracts X X X X X X X X Extracts X X X X
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