Sivaneswari v. The 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 Sivaneswari W/o.Balaji, No.5/5, Sakthivel Nagar, 6th Street, Thiruverkadu, Chennai-600 077 Petitioner(s) Vs 1.The Additional Chief Secretary to Government Home, Prohibition and Excise Department, Secretariat, Chennai-600 099 2.The Commissioner of Police Avadi Commissioner, Chennai 3.The Superintendent of Prison Central Prison, Puzhal, Chennai-600 066 4.The Inspector of Police
T5-Thiruverkadu 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 records in connection with the order of detention passed by the second respondent dated 30.06.2025 in BCDFGISSSV No.94 of 2025 against the petitioner's husband Balaji @ Karuppu Balaji, male, aged 22 years, S/o.Rajadurai, who is confined at Central Prison, Puzhal, Chennai and set aside the same and direct the respondents to produce the detenu before this Court and set him at liberty.
For Petitioner(s):
Mr.R.Mukesh Kannah 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 Balaji @ Karuppu Balaji, male, aged 22 years, S/o.Rajadurai, has come forward with this petition challenging the detention order passed by the second respondent dated
30.06.2025 bearing BCDFGISSSV No.94 of 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 non-application 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 two adverse cases. The detenu has moved bail application in respect of the ground case and the same was dismissed. At present, there is no bail application pending against the detenu and 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.2955 of 2021. 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.
A perusal of the detention order shows that the bail application filed by the detenu was dismissed and the detenu has not moved any bail application in respect of the ground case so far. It is only stated that the detenu's relatives are intending to move bail application before the Court concerned and therefore, there is no real possibility of the detenu coming out on bail in the near future and therefore, the subjective satisfaction arrived at by the detaining authority regarding the imminent possibility of detenu being enlarged on bail shows clear non-application 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 30.06.2025 in BCDFGISSSV No.94 of 2025 is hereby set aside. The detenu Balaji @ Karuppu Balaji,
male, aged 22 years, S/o.Rajadurai, 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 Department, Secretariat, Chennai-600 099 2.The Commissioner of Police Avadi Commissioner, Chennai 3.The Superintendent of Prison Central Prison, Puzhal, Chennai-600 066 4.The Inspector of Police T5-Thiruverkadu 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