HCP/2378/2025 of SUMATHI Vs THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT,

2026:MHC:1422 HCP No. 2378 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09-04-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN HCP No. 2378 of 2025 Sumathi W/o.Chinnapaiyan, No.6/5, Devendirar Street, Athipalaganur, Kattanachempatti, Rasipuram, Namakkal. ..Petitioner(s) Vs 1. The Additional Chief Secretary To Government, Home, Prohibition and Excise Department, Secretariat, Fort St.George, Chennai-600 009. 2. The District Magistrate And District Collector, Namakkal, Namakkal District. 3. The Superintendent Of Police, Namakkal, Namakkal District. 4. The Superintendent Of Prison, Central Prison - Salem, Salem District. 5. State rep. By its Inspector Of Police, All Women Police Station, Rasipuram, Namakkal District. __________ Page 1 of 6 https://www.mhc.tn.gov.in/judis HCP No. 2378 of 2025 ..Respondent(s) Prayer: Habeas corpus petition filed under Article 226 of Constitution of India for issuance of a Writ of Habeas Corpus or any other appropriate writ, order or direction, in the nature of a Writ of Habeas Corpus to ca ll for the entire records, relating to the petitioners son detention under Tamil Nadu A ct vide detention order, dated 01.07.2025 on the file of the second respondent herein made in proceedings in C.M.P.No.63/Sexual Offender/2025/(M1), quash the same as illegal and consequently direct the respondents herein to pr oduce the petitioner’s son namely Manimalai, S/o.Chinnapaiyan, aged 30 years before this Hon’ble High Court and set the petitioner’s son at liberty from dete ntion, now the petitioner’s son detained at Central Prison, Salem. For Petitioner(s): Mr.D.Akash Kumar For Mr.W.Camyles Gandhi For Respondent(s): Mr.R.Muniapparaj Additional Public Prosecutor Assisted By Mr. M. Sylvester John ORDER (Order of the Court was made by Dr.Anita Sumanth J.) We have heard Mr.D.Akash Kumar, learned counsel for Mr.W.Camyles Gandhi, learned counsel for the petitioner and Mr.R.Muniapparaj, learned Additional Public Prosecutor assisted by Mr.M.Sylvester John, learned counsel for the respondents. 2. The challenge is to order of detention dated 01.07.2025 under which Manimalai, S/o.Chinnapaiyan has been branded as Sexual Offender under __________ Page 2 of 6 https://www.mhc.tn.gov.in/judis HCP No. 2378 of 2025 Section 2(ggg) of the Tamil Nadu Act 14 of 1982 (in short ‘Act’). H is mother has approached this Court seeking quash of the order. 3. Learned counsel for the petitioner assails the impugned order on various grounds. He would submit that one of the grounds on which the detention order has been passed is the apprehension of the detaining authori ty that the detenu would be enlarged on bail. For this purpose, the detai ning authority has relied upon an order passed in Cr.M.P.No.1629 of 2023 in Spl.S.C.No.53 of 2023 dated 05.10.2023, wherein bail was granted. 4. We have perused order dated 05.10.2023, which is placed at page 10 of the booklet. It is true that offences in that case too are unde r the Pocso Act. To be noted, that in the present case also, relating to Crime No.14 of 2025, the offences are under Section 137 of the Bharatiya Nyaya Sanhita 2023 (BNSS) and Section 5 (k) read with Section 6(1) of the Protection of Chi ldren from Sexual Offences Act, 2012. A copy of the statement of the victim produced before us also indicates that the victim has deposed that there wa s penetrative sexual assault. 5. Notwithstanding that the offences in both cases, the present case a s well as in the case relied upon, are under the Pocso Act, we fi nd that the reason why bail had been granted in that matter was since the Special Public Prosecutor had not objected to the same. That situation does not ari se in the present case and hence, the two cases are not comparable. __________ Page 3 of 6 https://www.mhc.tn.gov.in/judis HCP No. 2378 of 2025 6. We hence find that the subjective satisfaction of the detaining authority that the detenu will be enlarged on bail has no basis and hence the reliance upon order dated 05.10.2023 passed in Cr.M.P.No.1629 of 2023 in Spl.S.C.No.53 of 2023 is misconceived and misplaced. 7. In light of the aforesaid discussion, this Habeas Corpus Petition i s allowed and the Detention Order passed by the two respondent in C.M.P.No.63/Sexual Offender/2025/(M1) dated 01.07.2025 is set aside. 8. The detenu, viz., Manimalai, S/o.Chinnapaiyan, male aged 30 years, who is now confined in Central Prison, Salem, is directed to be se t at liberty forthwith unless his presence is required in connection with any other case. (A.S.M.,J.) (S.M.,J.) 09-04-2026 sl Index: Yes/No Speaking order Neutral Citation: Yes Note to Registry: Issue Today. To 1. The Additional Chief Secretary To Government, Home, Prohibition and Excise Department, Secretariat, Fort St.George, Chennai-600 009. __________ Page 4 of 6 https://www.mhc.tn.gov.in/judis HCP No. 2378 of 2025 2. The District Magistrate And District Collector, Namakkal, Namakkal District. 3. The Superintendent Of Police, Namakkal, Namakkal District. 4. The Superintendent Of Prison, Central Prison - Salem, Salem District. 5. The Inspector Of Police, All Women Police Station, Rasipuram, Namakkal District. 6. The Public Prosecutor, High Court of Madras. 7. The Joint Secretary to Government, Public (Law and Order), Secretariat, Fort.St.George, Chennai -9. __________ Page 5 of 6 https://www.mhc.tn.gov.in/judis HCP No. 2378 of 2025 DR.ANITA SUMANTH J. AND SUNDER MOHAN J. SL HCP No. 2378 of 2025 09-04-2026 __________ Page 6 of 6 https://www.mhc.tn.gov.in/judis