Bavani v. State Of Tamilnadu, Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.11.2025
CORAM
THE HONOURABLE MR . JUSTICE N.SATHISH KUMAR AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN H.C.P.No.1624 of 2025 Bavani ... Petitioner Mother of the detenu
Versus
1.State of Tamil Nadu The Additional Chief Secretary Home, Prohibition and Excise Department Fort St.George, Chennai - 600 009 2.The Commissioner of Police Greater Chennai Vepery, Chennai - 600 007 3.The Inspector of Police F-5, Choolaimedu Police Station Chennai
4. The Superintendent of Prison Central Prison - II, Puzhal Chennai - 600 066 .. Respondents 1/6
Prayer:- Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for a Writ of Habeas Corpus calling for the records relating to the detention order in Memo No.442/BCDFGISSSV/2025 dated 04.07.2025 passed by the 2nd respondent under the Tamilnadu Act 14 of 1982 and set aside the same and direct the respondent to produce the petitioner's son Thiru.BHARATH @ BHARATHKUMAR, S/O.MURUGAN, aged about 22 years the detenue, now confined in Central Prison, Puzhal, Chennai before this Court and set the petitioner's son Thiru.BHARATH @ BHARATHKUMAR, S/O.MURUGAN, aged about 22 years the detenue herein at liberty.
For Petitioner :
Mr.R.Muthukumar For Respondents :
Mr.A.Gokulakrishnan Additional Public Prosecutor
O R D E R
(Order of the Court was made by N.SATHISH KUMAR, J.) The petitioner, who is the mother of the detenu Thiru.BHARATH @ BHARATHKUMAR, S/O.MURUGAN, aged about 22 years, has come forward with this petition challenging the detention order passed by the second respondent dated 04.07.2025 bearing reference Memo No.442/BCDFGISSSV/2025 slapped on her son, branding him as "Goonda" 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 2/6
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.Learned counsel for the petitioner submitted that the detaining authority arrived at the subjective satisfaction of detenu being released on bail based on the bail granted by this Court in the case of one Lakshmanan in Crl.M.P.No.2228 of 2024, but the facts of the said case is totally different.
5. The learned counsel drew the attention this Court to Page No.124 of Volume II of the booklet wherein vide order 01.08.2024 bail was granted to one Lakshmanan in Crl.M.P.No.2228 of 2024. A careful perusal of the said order, brings to light that the facts of the said case is totally different as 3/6
that of the instant case. In the similar case, the ground case is triable by Sessions Court whereas in the instant case, the detenue ground case is triable by Sessions Court. Therefore, taking the said bail order as the basis for arriving at subjective satisfaction regarding the imminent possibility of detenu being enlarged on bail is clearly vitiated. Therefore, the impugned preventive detention order deserves to be dislodged.
6. In the result, the detention order passed by the 2nd respondent dated 04.07.2025 in No.442/BCDFGISSSV/2025 is hereby set aside and the Habeas Corpus Petition is allowed. The detenu viz., Thiru.BHARATH @ BHARATHKUMAR, S/O.MURUGAN, male, aged 20 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.] 24.11.2025 Index: Yes/No dhk 4/6
To 1.State of Tamil Nadu The Additional Chief Secretary Home, Prohibition and Excise Department Fort St.George, Chennai - 600 009 2.The Commissioner of Police Greater Chennai Vepery, Chennai - 600 007 3.The Inspector of Police F-5, Choolaimedu Police Station Chennai
4. The Superintendent of Prison Central Prison - II, Puzhal Chennai - 600 066
5. The Joint Secretary to Government Public (Law & Order) Fort Saint George, Chennai - 9 6.The Public Prosecutor High Court, Madras.
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N.SATHISH KUMAR, J., AND M.JOTHIRAMAN, J., dhk H.C.P.No.1624 of 2025 20.11.2025 6/6