HCP/2324/2025 of SARANYA Vs State of Tamilnadu Represented by

HCP No. 2324 of 2025 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28-04-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN HCP No. 2324 of 2025 Saranya W/o.Amaladoss, No.03, Poonga Nagar, Kaladipet, Thiruvotriyur, Chennai. ..Petitioner/Aunt of the detenue Vs 1. State of Tamilnadu Represented by Secretary to Government, Home, Prohibition and Excise Department, Fort St.George, Chennai -600 009. 2. The Commissioner of Police Greater Chennai 3. The Superintendent of Prison Central Prison Puzhal, Chennai. 4. State Rep. by The Inspector of Police N-4 Fishing Harbour Police Station, Chenani. ...Respondents Prayer : Petition filed under Article 226 of Constitution of India praying for issuance of Writ of Habeas Corpus, calling for the records of the 2nd respondent pertaining to the order made in Memo No.615/BBCDEFGISSSV/2025 https://www.mhc.tn.gov.in/judis HCP No. 2324 of 2025 __________ Page2 of 5 dated 28.08.2025 in detaining the detenue under the Tamilnadu Act 14/1982 as a brand of Goonda and quash the same and direct the respondents to produce the detenue, namely Sarathy @ Vathu S/o.Rajan, aged 22 years who is de tained at Central Prison, Puzhal, Chennai before this Court and set him at liberty. For Petitioner: Mr.Karthick S For Respondents: Mr.R.Muniyapparaj Additional Public Prosecutor Assisted by Mr.M.Sylvester John ORDER (Order of the Court was made by Sunder Mohan J.) The aunt of the detenu – Sarathy @ Vathu S/o.Rajan, aged 22 years, ha s filed this petition challenging the detention order dated 28.08.2025, branding him as ‘Goonda’ under Section 2(f) of the Tamil Nadu Preventive Detent ion Act, 1982 (Act 14/1982). 2. We have heard learned counsel for petitioner and learned Additional Public Prosecutor for respondents. 3. Though several grounds have been raised, we are of the view that the detention order is liable to be quashed on the ground that the satisfact ion of the detaining authority as regards the real possibility of the detenu com ing out on bail suffers from non-application of mind. 4. The detaining authority has relied upon a statement said to ha ve been made by the relative of the detenu, under Section 180(3) of the BNSS that she is taking steps to file a bail application in the ground case. Howeve r, we find that https://www.mhc.tn.gov.in/judis HCP No. 2324 of 2025 __________ Page3 of 5 the statement of the relative of the detenu is unsigned. We have in H CP No. 1684 of 2025 vide order dated 01.04.2026, held that, the unsigned statement cannot be relied upon to infer that the detenu is likely to file bail application. 5. Therefore, the reliance placed on the said statement by the de taining authority to arrive at the satisfaction that there is a real possibility of the detenu coming out on bail is misconceived. Therefore the inference that the detention is warranted since the detenu is likely to indulge in further cr iminal activities after his release on bail is based on the said wrong premise. H ence, the detention order is liable to be quashed. 6. In light of the aforesaid discussion, this Habeas Corpus Petition is allowed and the Detention Order passed by the second respondent in No.615/BBCDEFGISSSV/2025 dated 28.08.2025 is set aside. 7. The detenu, viz., Sarathy @ Vathu S/o.Rajan, aged 22 years, who is now confined in Central Prison, Puzhal, Chennai, is hereby directed to be set at liberty forthwith unless his presence is required in connection wit h any other case. (A.S.M.,J.) (S.M.,J.) 28-04-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No dk Note: Issue Order Today. https://www.mhc.tn.gov.in/judis HCP No. 2324 of 2025 __________ Page4 of 5 Copy to: 1. The Secretary to Government, Home, Prohibition and Excise Department, Fort St.George, Chennai -600 009. 2. The Commissioner of Police Greater Chennai 3. The Superintendent of Prison Central Prison, Puzhal. 4. The Inspector of Police N-4 Fishing Harbour Police Station, Chenani. 5.The Joint Secretary, Law and Order Department, Secretariat, Chennai. 6. The Public Prosecutor High Court of Madras. https://www.mhc.tn.gov.in/judis HCP No. 2324 of 2025 __________ Page5 of 5 DR.ANITA SUMANTH, J. AND SUNDER MOHAN, J. dk HCP No. 2324 of 2025 28-04-2026 https://www.mhc.tn.gov.in/judis