Anbu v. The Additional Chief Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-10-2025

CORAM

THE HONOURABLE MRS JUSTICE J. NISHA BANU AND THE HONOURABLE MR.JUSTICE S. SOUNTHAR H.C.P No. 1713 of 2025

1. Anbu W/o. Mani, Sivan Kovil Street, Poolamkuruchi, Thirupathur Taluk, Sivagangai District.

Petitioner(s) Vs

1. The Additional Chief Secretary to Government Home, Prohibition and Excise Department, Secretariat, Chennai-600009.

2.The Commissioner Of Police, Greater Chennai, Office of the Commissioner of Police(Goondas Section), City, Vepery, Chennai-600 007.

3.The Superintendent Of Prison, Central Prison, Puzhal, Chennai District. 600066.

4.The Inspector Of Police R-7, KK Nagar Police Station, Chennai-600078.

Respondent(s)

PRAYER The Habeas Corpus Petition is filed under Article 226 of the Constitution of India for the issuance of a writ of Habeas Corpus calling for the entire records connected with the detention order of the 2nd respondent in No.283/BCDFGISSSV/2025 dated 28.05.2025 and quash the same and direct the respondents to produce the body and person of the petitioner's son namely Thangam S/o. Mani aged about 27 years detained in Central Prison at Puzhal, Chennai before this Honble Court and set him at liberty forthwith. For Petitioner(s):

Mr. R.Rajprabhu For Respondent(s):

Mr.A.Gokulakrishnan Additional Public Prosecutor

ORDER

J.NISHA BANU, J.

AND S.SOUNTHAR, J.

The petitioner/mother of the detenu, viz., Thangam, S/o Mani, aged 27 years, now confined at Central Prison, Puzhal, Chennai, has come forward with this petition challenging the detention order passed by the second respondent in No.283/BCDFGISSSV/2025 dated 28.05.2025, branding him as "Goonda" under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber Law Offenders, Drug offenders, Forest offenders, Goondas, Immoral Traffic offenders, Sand offenders, Sexual Offenders, Slum Grabbers and Video Pirates Act, 1982 [Tamil Nadu Act 14 of 1982].

2. We have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. We have also perused the records produced by the Detaining Authority.

3. Though several grounds are raised in the petition, the learned counsel for the petitioner pointed out that the bail order relied upon by the Detaining Authority is not similar to the case on hand. Therefore, the learned counsel submitted that the Detaining Authority has not applied its mind while expressing its subjective satisfaction that the detenu is also likely to be released on bail.

4. The learned Additional Public Prosecutor would also fairly state that the similar case relied upon by the detaining authority is not a similar one.

5. On a perusal of the Booklet, this Court finds that in Page No.157 of the Booklet, the case relied upon by the Detaining Authority in Crl.O.P.No.30749 of 2024, dated 10.12.2024 is not similar to the case on hand. The accused therein was granted bail mainly on the ground that there was no intention or motive on the part of the accused to murder his father and on the alleged date of occurrence, there was a quarrel between them and the incident had happened only during the quarrel. But, the overt act attributed against the accused herein

is entirely different. Due to previous enmity, the detenu along with other accused were alleged to have murdered the deceased. Hence, this Court is of the view that the subjective satisfaction of the Detaining Authority that the detenu is also likely to be released on bail, by relying upon the aforesaid similar case, suffers from non-application of mind.

6. The Hon'ble Supreme Court, in the case of 'Rekha Vs. State of Tamil Nadu through Secretary to Government and another' reported in '2011 [5] SCC 244', has dealt with a situation where the Detention Order is passed without an application of mind. In case, any of the reasons stated in the order of detention is non-existent or a material information is wrongly assumed, that will vitiate the Detention Order. When the subjective satisfaction was irrational or there was non-application of mind, the Hon'ble Supreme Court held that the order of detention is liable to be quashed. It is relevant to extract paragraph Nos.10 and 11 of the said judgment of the Hon'ble Supreme Court:- "10.

ordinarily granted bail. However, the respondent authority should have given details about the alleged bail order in similar cases, which has not been done in the present case. A mere ipse dixit statement in the grounds of detention cannot sustain the detention order and has to be ignored. 11.In our opinion, the detention order in question only contains ipse dixit regarding the alleged imminent possibility of the accused coming out on bail and there was no reliable material to this effect. Hence, the detention order in question cannot be sustained."

7. In view of the ratio laid down by the Hon'ble Supreme Court and in view of the aforesaid facts, this Court is of the view that the detention order is liable to be quashed.

8. Accordingly, the detention order passed by the second respondent in No.283/BCDFGISSSV/2025 dated 28.05.2025 is hereby set aside and the Habeas Corpus Petition is allowed. The detenu viz., Thangam, S/o.Mani, aged 27 years, detained at Central Prison, Puzhal, Chennai, is directed to be set at liberty forthwith, unless he is required in connection with any other case. (J.NISHA BANU J.) (S.SOUNTHAR J.) 06-10-2025 ASI

To 1.The Additional Chief Secretary to Government Home, Prohibition and Excise Department, Secretariat, Chennai-600009.

2.The Commissioner Of Police, Greater Chennai, Office of the Commissioner of Police(Goondas Section), City, Vepery, Chennai-600 007.

3.The Superintendent Of Prison, Central Prison, Puzhal, Chennai District. 600066.

4.The Inspector Of Police R-7, KK Nagar Police Station, Chennai-600078.

5. The Public Prosecutor, High Court of Madras, Chennai.

J.NISHA BANU J.

AND S.SOUNTHAR J.

ASI H.C.P No. 1713 of 2025 06-10-2025