Detention Order Doesn’t Prevent Bail Consideration
The Madras High Court ruled that a detention order doesn’t prevent the court from deciding a bail application. Justice Anand Venkatesh granted bail to Mohammed Tharik Anvar @ Thar, even though a detention order under the Tamil Nadu Goondas Act was issued while his bail plea was pending.
Case Overview
Tharik was accused of extorting ₹1,000 at knifepoint. The State opposed bail, claiming he was a habitual offender with prior cases, including a murder charge and two NDPS cases. The defense argued that the FIR was fabricated to justify detention. The court noted that Tharik had secured acquittal in the NDPS cases and obtained bail earlier in the murder case.
Tharik had been in custody since December 28, 2024. The court noted that authorities did not conduct a test identification parade and did not take him into police custody.
Court’s Observations
A detention order cannot restrict the court from independently deciding a bail plea.
Bail courts cannot examine the validity of a detention order.
The petitioner can challenge the detention order in the appropriate court.
Bail Conditions
The court granted bail with conditions:
Tharik must stay in Trichy.
He must report to the Fort Police Station daily at 10:30 AM and 5:30 PM.
Conclusion
The Madras High Court emphasized that a detention order cannot bar the consideration of bail. It reiterated that individual liberty and judicial fairness must prevail. Courts have the authority to evaluate bail requests independently, even when a detention order exists. This ruling ensures the upholding of constitutional rights and guarantees the following of due process in every case.
