S.Santhanamari v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-04-2026

CORAM

THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN S.Santhanamari ..Petitioner(s) Vs

1. The Secretary to Government Home, Department,Secretariat, Fort St.George, Chennai-600 009.

2. The Commissioner of Police Salem City, Linemedu, Salem-636 006

3. The Superintendent Central Prison, Salem

4. The Inspector of Police Hasthampatty Police Station, Salem District-636 007 ..Respondent(s) Prayer : Petition filed under Article 226 of Constitution of India praying for issuance of Writ of Habeas Corpus, calling for the entire records pertaining to the detention order dated 20.08.2025 passed by the 2nd

respondent in CMP.No.46/GOONDA/SALEM CITY/2025 and quash the same as illegal arbitrary and unconstitutional consequently direct the respondent to produce the body of the detenue, Pravinsha aged 22 years S/o.Satheesh Kumar now confined at Central Prison, Salem, before this Court and set him at liberty forthwith.

For Petitioner(s):

Mr.S.Lal Devasagayam For Respondent(s):

Mr. R.Muniyapparaj, Additional Public Prosecutor, Assisted By Mr. M.Sylvester John

ORDER

(Order of the Court was made by Sunder Mohan J.) The mother of the detenu - Pravinsha, aged 22 years S/o.Sathish Kumar, has filed this petition challenging the detention order dated 20.08.2025, branding him as 'Goonda' under Section 2(f) of the Tamil Nadu Preventive Detention Act, 1982 (Act 14/1982).

2. We have heard learned counsel for petitioner and learned Additional Public Prosecutor for respondents.

3. Though several grounds have been raised, we are of the view that the detention order is liable to be quashed on the ground that the

satisfaction of the detaining authority as regards the real possibility of the detenu coming out on bail suffers from non-application of mind.

4. The detaining authority has relied upon a statement said to have been made by the mother of the detenu, the petitioner herein under Section 180(3) of the BNSS that she is taking steps to file a bail application in the ground case. However, we find that the statement of the mother of the detenu is neither dated nor signed. We have in HCP No. 1684 of 2025 vide order dated 01.04.2026, held that, the unsigned statement cannot be relied upon to infer that the detenu is likely to file bail application.

5.Therefore, the reliance placed on the said statement by the detaining authority to arrive at the satisfaction that there is a real possibility of the detenu coming out on bail is misconceived. The inference that the detenu would indulge in further criminal activities after his release also is without any basis. Hence, the detention order is liable to be quashed.

6. In light of the aforesaid discussion, this Habeas Corpus Petition is allowed and the Detention Order passed by the second respondent in C.M.P.No.46/Goonda/Salem City/2025 dated 20.08.2025 is set aside.

7. The detenu, viz., Pravinsha, aged 22 years S/o.Sathish Kumar, who is now confined in Central Prison, Salem, is hereby directed to be set at liberty forthwith unless his presence is required in connection with any other case.

(A.S.M.,J.) (S.M.,J.) 27-04-2026 Index: Yes/No Speaking/Non-speaking order Note: Issue order today.

ars

To

1. The Secretary To Government, Home Department, Secretariat, Fort St.George, Chennai-600 009.

2. The Commissioner Of Police, Salem City, Linemedu, Salem - 636 006.

3. The Superintendent Of Prison, Central Prison, Salem.

4. The Inspector Of Police, Hasthampatty Police Station, Salem District - 636 007.

5. The Public Prosecutor, High Court, Madras.

DR.ANITA SUMANTH, J.

AND SUNDER MOHAN, J.

ars 27-04-2026