HCP/2081/2025 of SURESH Vs State of Tamilnadu rep by its

HCP No. 2081 of 2025 __________ Page 1 of 6 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. 2081 of 2025 Suresh ..Petitioner(s) Vs 1. The State of Tamil Nadu Rep by its The Principal Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, Chennai – 09. 2. The Commissioner of Police Greater Chennai, Greater Chennai, Goondas Section, O/o.The Commissioner of Police, Vepery, Chennai – 07. 3. The Superintendent of Prison Puzhal Central Prison, Chennai – 66. 4. The Inspector of Police T-5, Vanagarm Police Station, Chennai. ..Respondent(s) Prayer: Petition filed under Article 226 of Constitution of India pr aying for issuance of Writ of Habeas Corpus, to call for the records of t he detention order dated 09.09.2025 in Memo No.654/BBCDEFGISSSV/2025 on the file of the 2nd respondent herein https://www.mhc.tn.gov.in/judis HCP No. 2081 of 2025 __________ Page 2 of 6 and set aside the same and direct the respondents to produce the friend of the petitioner Thiru. Savairam S/o.Pumaram, aged about 22 years, now confined at Central Prison, Puzhal, before this Court and set the detenu at liberty forthwith. For Petitioner(s): Mr.S. Madhusudanan For Respondent(s): Mr. R.Muniyapparaj, Additional Public Prosecutor, Assisted By Mr. M.Sylvester John ORDER (Order of the Court was made by Sunder Mohan J.) The friend of the detenu – Savairam S/o.Pumaram, aged 22 years, has filed this petition challenging the detention order dated 09.09.2025, branding him as ‘Goonda’ under Section 2(f) of the Tamil Nadu Preventive Detention Act, 1982 (Act 14/1982). 2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the 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 https://www.mhc.tn.gov.in/judis HCP No. 2081 of 2025 __________ Page 3 of 6 satisfaction of the detaining authority as regards the real possibil ity of the detenu coming out on bail suffers from non-application of mind. 4. In the grounds of detention, the detaining authority has stated that the detenu had moved a bail application before the Principal Di strict and Sessions Judge, Thiruvallur in Crl.M.P.No.3483 of 2025 and the same came to be dismissed. He had further observed that the sponsori ng authority had stated that his relatives are taking steps to take him out on bail. 5. We find from the statement of a relative that it is not signed. We have in HCP No. 1684 of 2025, dated 01.04.2026, held that, the unsigned statement cannot be relied upon to infer that the detenu is like ly to file bail application. 6.Therefore, the reliance placed on the said statement by the detaining authority to arrive at the satisfaction that there is a real possibility of the detenu coming out on bail is misconceived. Thus the inference that the detention is warranted since the detenu is li kely to https://www.mhc.tn.gov.in/judis HCP No. 2081 of 2025 __________ Page 4 of 6 indulge in further criminal activities after his release on bai l is based on the said wrong premise. Hence, the detention order is liable to be quashed. 7.In light of the above discussion, this Habeas Corpus Petition is allowed and the Detention Order passed by the second respondent in Detention Order Memo No.654/BBCDEFGISSSV/2025, dated 09.09.2025 is set aside. 8.The detenu, viz., Savairam S/o.Pumaram, aged 22 years, now confined in Central Prison, Puzhal, Chennai, is directed to be set at liberty forthwith, unless his presence is required in connection with any othe r case. (A.S.M.,J.) (S.M.,J.) 28-04-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No Note: Issue Order Today TSG https://www.mhc.tn.gov.in/judis HCP No. 2081 of 2025 __________ Page 5 of 6 To 1. The State of Tamil Nadu Rep by its The Principal Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, Chennai – 09. 2. The Commissioner of Police Greater Chennai, Greater Chennai, Goondas Section, O/o.The Commissioner of Police, Vepery, Chennai – 07. 3. The Superintendent of Prison Puzhal Central Prison, Chennai – 66. 4. The Inspector of Police T-5, Vanagarm Police Station, Chennai. 5. The Public Prosecutor, Madras High Court. 6. The Joint Secretary to Government, Public (Law and Order), Secretariat, Fort.St. George, Chennai – 9. https://www.mhc.tn.gov.in/judis HCP No. 2081 of 2025 __________ Page 6 of 6 DR.ANITA SUMANTH, J. AND SUNDER MOHAN, J. TSG HCP No. 2081 of 2025 28-04-2026 https://www.mhc.tn.gov.in/judis