S.Koteeswari v. The Additional Chief Secretary To Government,

2026:MHC:1647

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 S.Koteeswari W/o.Selvaraj, No.39, Valluvan Street, Otteri, Chennai-600 012.

..Petitioner(s) 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, Greater, Chennai, Office of the Commissioner of Police, Vepery, Chennai.

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

4. The Inspector Of Police, G-7, Chetpet Police Station, Chennai.

..Respondent(s) Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus, or any other order or direction in the nature of

Writ, call for the records pertaining to the order of detention passed by the second respondent in his proceedings in No.724/BBCDEFGISSSV/2025, dated 24.09.2025 and quash the same as illegal and produce the detenu, namely Selvaraj @ Eli, S/o.Kumar, aged 27 years, as Goonda now he is confined in Central Prison, Puzhal II, Chennai before this Honble Court. For Petitioner(s):

Mr.C.Vignesh For Respondent(s):

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

ORDER

(Made by Dr.Anita Sumanth J.) Selvaraj @ Eli, S/o. Kumar, has been branded as 'Goonda' under Section 2(f) of the Tamil Nadu Preventive Detention Act, 1982 (Act) and kept at Central Prison, Puzhal, Chennai vide detention order 24.09.2025. His wife has filed this petition seeking a quash of the aforesaid order.

2. Having heard both learned counsel for the petitioner and learned Additional Public Prosecutor for respondents, we are of the considered view that this petition is liable to be allowed on the ground that the subjective satisfaction of the detaining authority that the detenu will be enlarged on bail is not based on any proper material. He relies on the bail order granted in Crl.M.P.No.2451 of 2025, wherein that accused had one previous case, apart from the ground case. In the present case, however, the detenu has three adverse

cases. Hence the two cases are not comparable and the present case stands on a far graver threshold than the other case.

3. In light of the aforesaid discussion, this Habeas Corpus Petition is allowed and the Detention Order passed by the second respondent in No.724/BBCDEFGISSSV/2025 dated 24.09.2025 is set aside.

4. The detenu, viz., Selvaraj @ Eli, S/o. Kumar, aged 24 years, now confined in Central Prison, Puzhal, Chennai, is 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 order ssm Note to Registry : Issue Today To

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

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

3. The Superintendent Of Prison, Central Prison,

Puzhal, Chennai.

4. The Inspector Of Police, G-7, Chetpet Police Station, Chennai.

5. The Public Prosecutor, High Court of Madras.

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

DR.ANITA SUMANTH J.

AND SUNDER MOHAN J.

ssm 29-04-2026