Judgment :- M. Chockalingam, J In this writ application challenge is made to an order of the second respondent made in No. 45/BDFGISSV/2008 dated 06.05.2008, whereby the detenu by name Tr. Alexpandian was detained under the provisions of Dangerous Activities of Boot -leggers, Drug offenders, Forest offenders, Goondas, Immoral Traffic offenders, Sand offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982) (hereinafter referred as the Act) terming him as a 'Goonda' as defined under the provisions of the Act. 2. The Court heard the learned counsel for the petitioner and also looked into all the materials available in particular the order under challenge. 3. It is not in controversy that the detenu was involved in two adverse namely Cr. No. 844/2007 under Sections 147, 148, 341, 323, 324, 307, 427 and 506(ii) IPC on the file of B3 Teppakulam Police Station, Madurai and in Cr. No. 215/2008 under Sections 341 and 307 IPC on the file of B4 Keeraithurai Police Station, Madurai and one more ground case in Cr. No. 222/2008 under Sections 392 r/w 397 and 506(ii) IPC. The order of detention came to be passed on 06.05.2008. 4. The only ground on which the order is assailed by the learned counsel for the petitioner is that the detenu filed bail applications in Cr. Nos. 222 & 215/2008 on 28.04.2008 and the same were also pending before the Courts of Sessions, Madurai. Though the detaining authority has referred the pending of bail applications in the order of detention, he has observed in his order that there is a real possibility of the detenu coming out on bail and thus, the observation was prejudging the result of the bail applications which were pending before the Court of Sessions, Madurai. In such circumstances, the detention order has to be set aside. 5. The Court heard the Additional Public Prosecutor and also paid its anxious consideration on the submissions made. 6. On scrutiny of the materials, the Court has agreed with the contentions put forth by the learned counsel for the petitioner. While the bail applications in Cr. Nos. 222 & 215/2008 are pending on the file of the Sessions Court, Madurai, the detention order came to be passed on 06.05.2008 in which the detaining authority has stated that there is a real possibility of the detenu coming out on bail. While the bail applications in Cr. Nos. 222 & 215/2008 are pending on the file of the Sessions Court, Madurai, the detention order came to be passed on 06.05.2008 in which the detaining authority has stated that there is a real possibility of the detenu coming out on bail. Thus, it is only an apprehension in the minds of the detaining authority which is unwarranted. Since the bail applications were pending in the Courts of Sessions, the detaining authority could not prejudge the order which could be passed in future in the pending bail applications and thus in the considered opinion of the Court, this ground would suffice to set aside the order under challenge. Hence, this Court has to make undone by upsetting the same. 8. Accordingly, the Habeas Corpus Petition is allowed and the detention order in No. 45/BDFGISSV/2008 dated 06.05.2008 passed by the second respondent is quashed. The detenu is directed to be set at liberty forthwith unless his presence, in accordance with law, is required in connection with any other case.