Ganesan v. State Of Tamilnadu Rep By The Additional Chief Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16-02-2026
CORAM
THE HONOURABLE MR JUSTICE P.VELMURUGAN AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN HCP No.2213 of 2025 Ganesan S/o.Periyasamy Residing at No.213, Giri Road Mathali Colony, Bhavani Main Road Sankagiri, Salem District Tamil Nadu-637 301 Petitioner Vs
1. State of Tamil Nadu rep by the Additional Chief Secretary Home, Prohibition and Excise Department Secretariat, Chennai, Tamil Nadu-600 009
2. State of Tamil Nadu rep by the Commissioner of Police Greater Chennai Police Commissioner Office Building EVK Sampath Road, Vepery, Chennai-600 007
3. State of Tamil Nadu rep by the Superintendent of Prisons Central Prison, Puzhal, Chennai, Tamil Nadu-600 066
4. State of Tamil Nadu rep by the Inspector of Police F-3, Nungambakkam Police Station, Chennai Tamil Nadu-600 034 Respondents
Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Habeas Corpus, to call for the records pertaining to the order of detention dated 24.07.2025 passed by the 2nd respondent in TPDA 7401 in Memo No.493/BCDFGISSSV/2025 and quash the same and produce the detenu Pradeepkumar alias Prado, Son of Ganesan, male aged about 38 years, who is detained in Central Prison, Puzhal before this Honble Court and set him at liberty.
For Petitioner:
Mr.Jayasuriya.M For Respondents:
Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.M.Sylvester John
ORDER
(Order of the Court was made by P.Velmurugan J.) The petitioner, who is the father of the detenu, viz., Thiru.Pradeepkumar @ Prado, S/o Ganesan, aged 38 years, now confined at Central Prison, Puzhal, Chennai has come forward with this petition challenging the detention order passed by the second respondent in proceedings No.493/BBCDEFGISSSV/2025 dated 24.07.2025.
2. Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor appearing for the respondents.
3. Though several grounds are raised in the petition, the learned counsel for the petitioner submitted that there is an inordinate delay in passing the order of detention.
4. It is seen that though the detenu was arrested on 17.06.2025 in the ground case, the detention order came to be passed only on 24.07.2025 after an inordinate delay and such delay would snap the live and proximate link between the grounds and the purpose of detention. In view of the unexplained and inordinate delay in passing the order of detention after the arrest of the detenu, the detention order is liable to be set aside.
5. In view of the above, this habeas corpus petition is allowed and the impugned detention order made in proceedings No.493/BBCDEFGISSSV/2025 dated 24.07.2025 on the file of the second respondent, is set aside. The detenu, namely, Thiru.Pradeepkumar alias Prado, S/o Ganesan, aged about 38 years, is directed to be set at liberty forthwith, unless his custody is required in connection with any other case.
(P.VELMURUGAN J.) (M.JOTHIRAMAN J.) 16-02-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes ss
To
1. The Additional Chief Secretary to Government Home, Prohibition and Excise Department Secretariat, Chennai-600 009
2. The Commissioner of Police Greater Chennai Police Commissioner Office Building EVK Sampath Road, Vepery, Chennai-600 007
3. The Superintendent of Prisons Central Prison, Puzhal, Chennai-600 066
4. The Inspector of Police F-3, Nungambakkam Police Station Chennai-600 034
5. The Public Prosecutor High Court, Madras
P.VELMURUGAN J.
AND M.JOTHIRAMAN J.
ss 16-02-2026