bail application filed by the detenu, before Principal District and Sessions Court, Namakkal, in respect of Crime No.218 of 2015, on the file of Elachipalayam Police Station, had been dismissed, on 7.12.2015, vide order made in C.M.P.No.1079 of 2015. Further, the detaining authority had stated in the order of detention that there is real possibility of the detenu coming out on bail, by filing bail application, before the higher Courts, since in a similar case, in Crime No.191/2015, on the file of Tiruchengode Rural Police Station, bail had been granted to the accused concerned, by the Principal District Sessions Judge, Namakkal, in C.M.P.No.535/2015, vide order, dated 9.6.2015. However, no material had been produced to show that further bail application is being moved, on behalf of the detenu, either by his relatives or by any other person, to take him out on bail. In such circumstances, the statement of the detaining authority in the detention order that there is a real possibility of the detenu coming out on bail, shows the non application of mind on the part of the detaining authority. Thus, it is clear that the detention order has been passed by the detaining authority without proper application of mind and appreciation of facts. Therefore, we are inclined to set aside the detention order.
