Revathi v. Additional Chief Secretary To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.10.2025
CORAM
THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN Revathi W/o. Sasikumar, No.3/535, Perumal Kovil Street, Bangarikanapalli, Kaverirajapuram, Thiruvallur District.
Petitioner(s) Vs 1.The Additional Chief Secretary to Government, Home, Prohibition and Excise (Home), Secretariat, Chennai - 600009.
2.The Commissioner of Police, Greater Chennai, Vepery, Chennai - 600007.
3.The Superintendent of Prison, Central Prison, Puzhal, Chennai.
4.The Inspector of Police, K-2, Ayanavaram Police Station, Chennai.
Respondent(s)
Habeas Corpus Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus to call for the entire records connected with the detention order in No.418/BCDFGISSSV/2025 dated 28.06.2025 on the file of the second respondent and quash the same and direct the respondents to produce the body and person of the petitioner's husband viz. Sasikumar, S/o.Krishnaiya, aged about 50 years, now confined at Central Prison, Puzhal, before this Court and set him at liberty forthwith. For Petitioner(s):
Mr.P.Muthamizhselvakumar For Respondent(s): Mr.A.Gokulakrishnan Additional Public Prosecutor
ORDER
(made by N.Sathish Kumar, J.) The petitioner, who is the wife of the detenu Sasikumar, S/o.Krishnaiya, aged about 50 years, has come forward with this petition challenging the detention order passed by the second respondent dated 28.06.2025 bearing No.418/BCDFGISSSV/2025 slapped on her husband, branding him as "Drug Offender" under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982 [Tamil Nadu Act 14 of 1982].
2.
Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. 3.
Though several grounds have been raised by the petitioner in the habeas corpus petition assailing the detention order, in the hearing, learned counsel for the petitioner confined his argument only with regard to nonapplication of mind on the part of the detaining authority in arriving at the subjective satisfaction regarding imminent possibility of detenu being enlarged on bail while passing the impugned order of detention. 4.
The learned counsel for the petitioner submitted that the detenu was arrested and remanded to judicial custody in connection with the ground case and one adverse case and the bail application moved by the detenu is pending. Therefore, there is no real possibility of the detenu coming out on bail in the near future. However, the detaining authority while passing the impugned detention order arrived at the subjective satisfaction regarding imminent possibility of coming out on bail by relying on a bail order in Crl.M.P.No.5272 of 2023 wherein statutory bail was granted to one Sanjaykumar @ Sanjay, S/o.Saravan @ Body Saravanan.
5.
Per contra, the learned Additional Public Prosecutor submits that the order of detention has been passed on cogent and sufficient materials and the same cannot be interfered with at the instance of the petitioner. 6.
The learned counsel drew the attention this Court to the order in Crl.M.P.No.5272 of 2023, which is enclosed at Page No.39 of Volume II of the booklet. A careful perusal of the said order, brings to light that it is a case of statutory bail under Section 167(2) of Cr.P.C. Therefore, taking a default bail order as a basis for arriving at subjective satisfaction regarding the imminent possibility of detenu being enlarged on bail shows clear nonapplication of mind. Therefore, the impugned preventive detention order deserves to be dislodged.
In the result, this Habeas Corpus Petition is allowed and the detention order passed by the second respondent dated 28.06.2025 in No.418/BCDFGISSSV/2025 is hereby set aside. The detenu Sasikumar, S/o.Krishnaiya, aged about 50 years, is directed to be set at liberty forthwith
unless he is required in connection with any other case. (N.S.K., J.) (M.J.R., J.) 28.10.2025 nsd Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The Additional Chief Secretary to Government, Home, Prohibition and Excise (Home), Secretariat, Chennai - 600009.
2.The Commissioner of Police, Greater Chennai, Vepery, Chennai - 600007.
3.The Superintendent of Prison, Central Prison, Puzhal, Chennai.
4.The Inspector of Police, K-2, Ayanavaram Police Station, Chennai.
5.The Public Prosecutor, Madras High Court, Chennai.
6.The Joint Secretary to Government, Public (Law and Order), Fort St.George, Chennai - 9.
N.SATHISH KUMAR, J.
and M.JOTHIRAMAN, J.
nsd 28.10.2025