Indhumathi v. The State Of Tamil Nadu Rep By Its The Secretary To The Government,

2026:MHC:1648

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 Indhumathi, F/A 25 years, W/o. Soundhar Rajan, Residing at, No.77, Debar Nagar, 7th Street, Vysarpadi, Chennai-600039.

..Petitioner(s) Vs

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

2. The Commissioner of Police Greater Chennai City, Vepery, Chennai-600 054.

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

4. The Inspector of Police Law and Order, P3, Vyasarpadi 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 appropriate order or direction in the nature of Writ calling for the records in Detention order passed in

BBCDEFGISSSV No.671/2025 dated 11.09.2025 passed by the 2nd respondent herein and quash the same and direct the respondents herein to produce the petitioner's son as a detenu (Thiru Soundarrajan, Male aged 29, Son of Muruganadam, No.77, Debar Nagar, 7th Street, Vyasarpadi, Chennai-600039) is now confined and set him at liberty.

For Petitioner(s):

Ms.L.Meena for A.Ashok Kumar For Respondent(s):

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

ORDER

(Made by Dr.Anita Sumanth J.) Soundarrajan, S/o. Muruganandam, has been labelled as 'Goonda' under Section 2(f) of the Tamil Nadu Preventive Detention Act, 1982 (Act 14/1982) and confined in Central Prison, Puzhal, Chennai under order dated 11.09.2025. His mother has approached this Court seeking quash of that order.

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

3. The detaining authority refers to a statement, avowedly recorded from the petitioner to sustain his subjective satisfaction that the detenu would be enlarged on bail. A copy of that statement is placed at page 159 of the booklet. However, there is no signature to persuade us that, that statement has, in fact, been recorded from the petitioner.

4. We have consistently been taking the view that if at all the statement of

the relative is to be relied upon by an authority to support his inference that the detenu may be enlarged on bail, it is necessary that such a statement must be signed. In the absence of the same, the statement is liable to be eschewed and we do so in the present case as well.

5. In light of the aforesaid discussion, this Habeas Corpus Petition is allowed and the Detention Order passed by the second respondent in No.671/BBCDEFGISSSV/2025 dated 11.09.2025 is set aside.

6. The detenu, viz., Soundarrajan, S/o. Muruganandam, aged 29 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 Secretary to the Government, Home Prohibition and Excise Department, Fort St.George, Chennai-600 009.

2. The Commissioner of Police The Greater Chennai City, Vepery, Chennai-600 054.

3. The Superintendent of Police

Central Prison, Puzhal, Chennai-600 066.

4. The Inspector of Police Law and order, P3, Vyasarpadi 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