Muniyappan v. State Of Tamilnadu, Rep.By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-06-2026

CORAM

THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN Muniyappan S/o.Mathaiyan, No.436A, Mullai Nagar, Puliyampatti Post, Pochampalli Taluk, Krishnagiri District.

..Petitioner(s) Vs

1. State of Tamilnadu, rep.by, The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Fort St.George, Chennai-600 009.

2. The Commissioner of Police, The Greater Chennai city, Vepery, Chennai-600 007.

3. The Superintendent of Prison, Central Prison, Puzhal, Chennai-600 066.

4. The Inspector of Police, R-9, Valasaravakkam Police Station, Chennai.

..Respondent(s)

Prayer : Petition filed under Article 226 of Constitution of India praying for issuance of Writ of Habeas Corpus, calling for the records relating to the detention order in Memo No.729/BBCDFGISSSV/2025, dated 25.09.2025 passed by the 2nd respondent under the Tamilnadu Act 14 of 1982 and set aside the same and direct the respondents to produce the petitioner's friend Saravanan, S/o.Baskar Selvaraj, aged about 34 years the detenu, now confined in Central Prison, Puzhal, Chennai before this Court and set him at liberty.

For Petitioner(s):

Mr.S.Mohan Raj For Respondent(s):

Mr.C.R.Malarvannan, Counsel for Government of Tamil Nadu (Criminal Side)

ORDER

(Order of the Court was made by Sunder Mohan J.) The friend of detenu - Saravanan, S/o.Baskar Selvaraj, aged about 34 years, has filed this petition challenging the detention order dated 25.09.2025, branding him as a 'Goonda' under Section 2(f) of the Tamil Nadu Preventive Detention Act, 1982 (Act 14/1982).

2. We have heard learned counsel for petitioner and learned counsel for Government of Tamil Nadu (Criminal Side) for respondents.

3. The detention order is liable to be quashed on the sole ground that the detaining authority's satisfaction that the detenu is likely to file a bail application is based on the unsigned statement of a relative of the detenu, who is said to have stated that she is taking steps to file a bail application on behalf of the detenu. We have in HCP No. 1684 of 2025, held that, the unsigned statement cannot be relied upon to infer that the detenu is likely to file bail application

4. 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. The inference that the detenu is likely to be released on bail and consequently, would indulge in further criminal activities also is without any basis. 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 No.729/BBCDEFGISSSV/2025 dated 25.09.2025, is set aside.

6. The detenu, viz., Saravanan, S/o.Baskar Selvaraj, aged 34 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 with any other case.

(A.S.M.,J.) (S.M.,J.) 03-06-2026 Index: Yes/No Speaking/Non-speaking order Issue order copy today.

ars

To

1. The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Fort St.George, Chennai-600 009.

2. The Commissioner of Police, The Greater Chennai city, Vepery, Chennai-600 007.

3. The Superintendent of Prison, Central Prison, Puzhal, Chennai-600 066.

4. The Inspector of Police, R-9, Valasaravakkam Police Station, Chennai.

5. The Joint Secretary, Law and Order Department, Secretariat, Chennai

6. The Public Prosecutor, High Court, Madras.

DR.ANITA SUMANTH, J.

AND SUNDER MOHAN, J.

ars 03-06-2026