Mere Passing Of Detention Order Against An Individual Cannot Be A Bar For Deciding His Bail Application: Madras High Court

The Madras High Court has held that passing of a detention order against an individual cannot be a bar on the Court to decide such person's bail application.Justice Anand Venkatesh thus granted bail to a man against whom the State had passed a detention order, while the bail application was pending. The court had already passed the bail order when the Public Prosecutor informed the court that a detention order was passed. However, noting that the detention order could not be a bar, the court said that the bail order would stand and gave liberty to the man to work out his remedy against the detention order.“This Court makes it clear that steps that are taken to pass detention order against the petitioner under Act 14 of 1982, will not in any way tie the hands of this Court to consider the bail application. In other words, this Court cannot keep the bail application pending to enable the authority to pass the detention order. This Court has to independently deal with the bail application on its own merits,” the court said.The court was dealing with the bail petition filed by Mohammed Tharik Anvar @ Thar who was accused of extorting Rs. 1000 from the defacto complainant at knife point.The state argued that Thar was a habitual offender and there were previous cases against him of which one was a murder case and two were NDPS cases. He also informed the court that steps had been taken to detain Thar under the Tamil Nadu Goondas Act and opposed the bail plea.On the other hand, Advocate Karuppasamy Pandian, appearing for Thar submitted that a false case was being foisted against him and that the present FIR was registered only to detain him. He also submitted that even in the murder case, he was enlarged on bail and was also acquitted in the other two cases under NDPS Act.The court noted that in connection with the present case, Thar had suffered incarceration from December 28, 2024. The court also noted that till date, no test identification parade had been conducted and neither was Thar taken in police custody. Thus, the court was inclined to enlarge the petitioner on bail upon conditions. The court directed Thar to remain in Trichy and to report before the Fort Police Station everyday at 10:30 am and 5:30 pm.With respect to the detention order, the court held that the validity of the detention order could not be gone into by the bail court and gave liberty to the petitioner to approach the specific court.Counsel for Petitioner: Mr.Karuppasamy Pandian, for Mr.S.Vishnuvardhan,Counsel for Respondent: Mr.S.Ravi, Additional Public ProsecutorCase Title: Mohammed Tharik Anvar @ Thar v. State of Tamil NaduCitation: 2025 LiveLaw (Mad) 19Case No: CRL OP(MD). No.439 of 2025Click Here To Read/Download The Judgment

Mere Passing Of Detention Order Against An Individual Cannot Be A Bar For Deciding His Bail Application: Madras High Court

Upasana Sajeev

Tags