HCP/2015/2025 of VALLI Vs THE STATE OF TAMIL NADU REP BY ITS, THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT,

2026:MHC:1605 HCP No. 2015 of 2025 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27-04-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN HCP No. 2015 of 2025 Valli W/o.Parthasarathy, No.23/1, Saiva Muthaiya 6th Street, Royapettah, Chennai - 600 014. ...Petitioner/Mother of the detenue Vs 1. The State of Tamil Nadu rep by its, The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009. 2. The Commissioner of Police, Greater Chennai, Vepery, Chennai - 600 007. 3. The Inspector of Police, Law and Order, D-3, Ice House Police Station, Chennai. 4. The Superintendent, Central Prison, Puzhal, Chennai. ...Respondents Prayer: Petition filed under Article 226 of Constitution of India pr aying for issuance of Writ of Habeas Corpus, calling for the records relating to the detention order in No.548/BBCDEFGISSSV/2025 on the file of the 2nd https://www.mhc.tn.gov.in/judis HCP No. 2015 of 2025 __________ Page2 of 5 respondent dated 08.08.2025 quash the same and direct the respondents to produce the corpus of the detenu Prasanth @ Bus (M/28), S/o.Parthasarathy i s confined in Central Prison, Puzhal, Chennai before this Court and set hi m at liberty. For Petitioner: Mr. D.Vivekanandan For Respondents: Mr.R.Muniyapparaj Additioinal Public Prosecutor, Assisted by Mr.M.Sylvester John ORDER (Order of the Court was made by Sunder Mohan J.) The mother of the detenu – Prasanth @ Bus, S/o. Parthasarathy, aged 28 years, has filed this petition challenging the detention order dat ed 08.08.2025, branding him as ‘Goonda’ under Section 2(f) of the Tamil Nadu Preventive Detention Act, 1982 (Act 14/1982). 2.The learned counsel for the petitioner would submit that the impugned order of detention is liable to be quashed on the sole ground that the det aining authority’s satisfaction as regards the real possibility of the dete nu coming out on bail, suffers from non-application of mind, as the facts in the order relied upon by him are not similar to the instant case. https://www.mhc.tn.gov.in/judis HCP No. 2015 of 2025 __________ Page3 of 5 3. The learned Additional Public Prosecutor would fairly concede that t he facts are not similar. 4. It is seen from paragraph No.4 of the grounds of detention that the detenu has not moved any bail application. However, the detaining authori ty had relied upon an order passed by the learned Principal Sessions Judge, Chennai, in Crl.MP.No.26094 of 2024 to observe that the detenu is likely t o be released on bail. It is seen from that order that the accused t herein had only one previous case, whereas, there are two adverse cases pending against the detenu. The facts are not similar. Therefore, we are of the view tha t the reliance placed upon the said order by the detaining authority, to conclude that there i s a real possibility of the detenu coming out on bail and that he would indulge in similar activities, suffers from non-application of mind. Hence, the detention order is liable to be quashed. 5. In light of the aforesaid discussion, this Habeas Corpus Petition is allowed and the Detention Order passed by the second respondent in 548/BBCDEFGISSSV/2025 dated 08.08.2025 is quashed. 6. The detenu, viz., Prasanth @ Bus, S/o. Parthasarathy, aged 28 years, who is now confined in Central Prison, Puzhal, Chennai, is hereby direc ted to https://www.mhc.tn.gov.in/judis HCP No. 2015 of 2025 __________ Page4 of 5 be set at liberty forthwith unless his presence is required in conne ction with any other case. (A.S.M.,J.) (S.M.,J.) 27-04-2026 (2/2) Note: Issue today Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No dk 1. The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai-600 009. 2. The Commissioner Of Police, Greater Chennai, Vepery, Chennai-600 007. 3. The Inspector Of Police, Law and Order, D-3, Ice House Police Station, Chennai. 4. The Superintendent Of Prison, Central Prison, Puzhal, Chennai. 5. The Public Prosecutor, High Court of Madras. https://www.mhc.tn.gov.in/judis HCP No. 2015 of 2025 __________ Page5 of 5 DR.ANITA SUMANTH, J. AND SUNDER MOHAN, J. dk HCP No. 2015 of 2025 27-04-2026 (2/2) https://www.mhc.tn.gov.in/judis