Valliammal v. State Of Tamilnadu Rep By Secretary To Government

2026:MHC:1491

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.04.2026 CORAM :

THE HONOURABLE DR.JUSTICE ANITA SUMANTH and THE HONOURABLE MR.JUSTICE SUNDER MOHAN Valliammal, F/68, W/o. Munusamy, Now residing at:

No.2/35, VOC Street, Naravarikuppam, Redhills, Chennai, Tamil Nadu-600 052.

.. Petitioner 1.The State of Tamil Nadu, Represented by Secretary to Government, Home, Prohibition and Excise Department, Government of Tamil Nadu, Fort St.George, Chennai-600 009.

2.The Commissioner of Police, Avadi Police Commissionerate, Office of the Commissioner of Police, (Goondas Section), Vepery, Chennai-600 007.

3.The Superintendent of Prison, Chennai Central Prison, Puzhal-II, Chennai-600 066.

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4.The Inspector of Police, M-4, Redhills Police Station, Chennai-600 052.

.. Respondents Prayer : Petition filed under Article 226 of Constitution of India praying for issuance of Writ of Habeas Corpus to call for the records relating to the detention order dated 14.08.2025 passed by the second respondent in No.124/TNPD/ACP/2025, and quash the same and direct the respondents herein to produce the petitioner's grandson Dinesh Kumar @ Dinesh, S/o. Suresh, aged 22 years, who is presently under going detention in the Chennai Central Prison, Puzhal-II, before this Court and set him at liberty forthwith.

For Petitioner :

Mr.K.Mohan For Respondents :

Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.M.Sylvester John

ORDER

(Made by Dr. ANITA SUMANTH, J.) One Dinesh Kumar @ Dinesh, S/o Suresh, has been detained by an order dated 14.08.2025 as a 'Goonda' and lodged in Central Prison, Puzhal, Chennai. His mother has approached this Court seeking the release of the detenu and challenging the aforesaid detention order. 2.Learned counsel who appears for the petitioner would submit that 2/6

neither the detenu nor any relative has moved any bail application and hence the detaining authority erred in inferring that steps are being taken to enlarge the detenu on bail.

3.We have perused the booklet that contains the grounds of detention and supporting material. We find therein that there is a statement of one Valliammal stated to be the grandmother of detenu to the effect that the detenu may be enlarged on bail. However, that statement is neither dated nor signed and hence, there is no credibility that we may attach to the said statement. It is unknown as to whether at all such a statement was obtained from the said Valliammal. Moreover, the sponsoring authority in the impugned order refers to a statement stated to have been recorded from one Gunasundari, and we do not find any statement recorded from Gunasundari placed in the booklet furnished to the Court. That, by itself, is a gross error. 4.In light of the discussion as aforesaid, we find no support for the inference of the detaining authority that the detenu may be enlarged on bail and this in our considered view vitiates the impugned order of detention, which is hereby set aside.

5.In light of the aforesaid discussion, this Habeas Corpus Petition is allowed and the Detention Order passed by the second respondent in No.124/TNPD/APC/2025 dated 14.08.2025, is set aside. 3/6

6.The detenu, viz., Dinesh Kumar @ Dinesh, S/o. Suresh, aged 22 years, who is 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.] 16.04.2026 Index:Yes/No Speaking order Note to Registry: Issue Today.

To 1.The Secretary to Government, Home, Prohibition and Excise Department, Government of Tamil Nadu, Fort St.George, Chennai-600 009.

2.The Commissioner of Police, Avadi Police Commissionerate, Office of the Commissioner of Police, (Goondas Section), Vepery, Chennai-600 007.

3.The Superintendent of Prison, Chennai Central Prison, Puzhal-II, Chennai-600 066.

4.The Inspector of Police, M-4, Redhills Police Station, Chennai-600 052.

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5.The Joint Secretary, Law and Order Department, Secretariat, Chennai 6.The Public Prosecutor, High Court, Madras.

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DR. ANITA SUMANTH,J.

and SUNDER MOHAN,J.

H.C.P.No. 2110 of 2025 16.04.2026 6/6