Almas Begam v. Additional Chief Secretary To The Government,

2026:MHC:1643

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-04-2026

CORAM

THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN HCP No. 2126 of 2025 Almas Begam W/o.Syed Shanavaz, No.2/11, PM Dhargah 2nd Street, Triplicane, Chennai - 600 005.

...Petitioner/Detenue's

Mother Vs

1. The Additional Chief Secretary to Government, Home Prohibition and Excise Department, Secretariat, Fort.St.George, Chennai - 600 009.

2. The Commissioner of Police, Office of the Commissioner of Police, Greater Chennai Police, Vepery, Chennai.

3. The Superintendent of Police, Central Prison, Puzhal, Chennai.

4. The Inspector of Police E2 Royapettah Police Station, Chennai.

...Respondents

Prayer : Petition filed under Article 226 of Constitution of India praying for issuance of Writ of Habeas Corpus, calling for the records pertaining to the order of detention passed by the second respondent in his proceedings in No.644/BBCDEFGISSSV/2025, dated 04.09.2025 and quash the same as illegal and produce the detenue, namely Syed Nayeem S/o Syed Shanavaz aged 21 years, GOONDA, now he is confined in Central Prison, Puzhal II, Chennai before this Court and set him at liberty.

For Petitioner:

Mr.C.Vignesh For Respondents:

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 - Syed Nayeem S/o Syed Shanavaz, aged 21 years, has filed this petition challenging the detention order dated 04.09.2025, 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, 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 unsigned. 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. Thus, the inference that the detention is warranted since the detenu is likely to indulge in further criminal activities after his release on bail is based on the said wrong premise. 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 No.644/BBCDEFGISSSV/2025 dated 04.09.2025 is set aside.

7. The detenu, viz., Syed Nayeem S/o Syed Shanavaz, aged 21 years, who is now confined in Central Prison, Puzhal, Chennai, 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.) 29-04-2026 Index: Yes/No Speaking/Non-speaking order Note: Issue order today dk To

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

2. The Commissioner of Police Office of the Commissioner of Police Greater Chennai Police, Vepery, Chennai.

3. The Superintendent of Police Central Prison, Puzhal, Chennai.

4. The Inspector of Police E2 Royapettah Police Station, Chennai.

5. The Public Prosecutor, Madras High Court.

6. The Joint Secretary to Government, Public (Law and Order), Secretariat, Fort.St. George, Chennai - 9.

DR.ANITA SUMANTH, J.

AND SUNDER MOHAN, J.

dk HCP No. 2126 of 2025 29-04-2026