Antony Ruban v. The State Of Tamilnadu Rep By Its, Additional Chief Secretary To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.11.2025
CORAM
THE HONOURABLE MR JUSTICE N. SATHISH KUMAR AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN Antony Ruban S/o.John Pandiyan, No.5/52, Thiruvaluvar Street, West Banu Nagar, Pudhur, Ambattur, Chennai-600 053.
Petitioner(s) Vs
1. The State of Tamil Nadu represented by its Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai-600 009.
2.The Commissioner of Police, Greater, Chennai.
3.The Inspector of Police, K-8, Arumbakkam Police Station, Chennai.
4.The Superintendent, Central Prison, Puzhal, 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, relating to petitioner's detention under the Tamil Nadu Act 14 of 1982, vide detention order, dated 25.07.2025 on the file of the second respondent herein made in proceedings No.512/BBCDEFGISSSV/2025 and quash the same as illegal and consequently direct the respondents herein to produce the petitioner viz. Antony Ruban, aged 30 years, son of John Pandiyan, before this Court and set him at liberty, now the petitioner is detained at the Central Prison, Puzhal, Chennai-600 066.
For Petitioner(s):
Mr.A.J.Magendiraverman For Respondent(s): Mr.A.Gokulakrishnan Additional Public Prosecutor
ORDER
(made by N.Sathish Kumar, J.)
The petitioner, who is the detenu Antony Ruban, aged 30 years, son of John Pandiyan, has come forward with this petition challenging the detention order passed by the second respondent dated 25.07.2025 bearing No.512/BBCDEFGISSSV/2025 slapped on him, 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 an adverse case. The detenu has not moved any bail application in respect of those cases 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.13461 of 2024.
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 no bail petition is pending against the detenu in respect of the ground case and adverse case and therefore, there is no real possibility of the detenu coming out on bail in the near future. If that be so, 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 25.07.2025 in No.512/BBCDEFGISSSV/2025 is hereby set aside. The detenu Antony Ruban, aged 30 years, son of John Pandiyan, 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.) 04.11.2025 nsd Index:Yes/No Speaking/Non-speaking order
Internet:Yes To 1.The Additional Chief Secretary to the Government Home Prohibition and Excise Department, Secretariat,Chennai - 600009.
2.The Commissioner of Police Greater Chennai.
3.The Inspector of Police K-8 Arumbakkam Police Station, Chennai.
4.The Superintendent Central Prison, Puzhal, 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
04.11.2025