Muralidass v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 24.11.2025

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN H.C.P.No.2243 of 2025 Muralidass ... Petitioner/ Father of the detenu Vs

1. The Secretary to Government Home, Prohibition and Excise Department, Chennai-600 009.

2.The Commissioner of Police O/o The Commissioner of Police, Tambaram City, Sholinganallur, Chennai600119. 3.The Superintendent of Prison Central Prison-II, Puzhal Chennai-600066.

4.The Inspector of Police T-19, Kelambakkam Police Station, Kelambakkam, Chennai-603103.

Respondent(s) 1/6

Prayer:- Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for a Writ of Habeas Corpus directing the respondents to produce the body of the detenue Chinrasu, male aged 23 years S/o. Muralidass, who is detained in Central Prison II, Puzhal, Chennai before this Honble Court and to pass an order to call for the records of detention order passed by the second respondent in No.67/BCDFGISSSV/2025 dated 12.06.2025 against Petitioner's Son and set the detenue at liberty. For Petitioner :

Mr.D.Dhanasekar For Respondents :

Mr.A.Gokulakrishnan Additional Public Prosecutor

O R D E R

(Order of the Court was made by N.SATHISH KUMAR, J.) The petitioner, who is the father of the detenu Chinrasu, S/o. Muralidass, male, aged 23 years, has come forward with this petition challenging the detention order passed by the second respondent dated 12.06.2025 bearing reference No.67/BCDFGISSSV/2025 slapped on his son, branding him as "Goonda" under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982 [Tamil Nadu Act 14 of 1982].

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. 2/6

3. Though several grounds have been raised, the learned counsel for the petitioner in the hearing submitted that the Detaining Authority has relied on the report of the Sponsoring Authority with regard to steps being taken by the relatives of the detenu for taking him out on bail but special report of the Sponsoring Authority is undated.

4. We had the benefit of perusing the booklet served on the detenu and we find that the special report of the sponsoring authority at page 123 of the grounds booklet is undated and the signature of the sponsoring authority also does not contain a date.

5. In response to the aforementioned argument, learned Prosecutor submitted that there is a special report and therefore, the same has been relied on.

6. We carefully considered the rival submissions. 3/6

7. The Detaining Authority has passed the detention order only based on the report of the Sponsoring Authority. Therefore, we are of the view that if the special report is undated, the veracity of such a report becomes even more suspect. In this view of the matter, relying on the ipsi dixit of the Sponsoring Authority is clearly a non-application of mind when it comes to passing of impugned preventive detention order. In this view of the matter, the impugned preventive detention order is vitiated and the same is liable to be set aside.

8. In the result, this Habeas Corpus Petition is allowed and the detention order passed by the second respondent dated 12.06.2025 bearing reference BCDFGISSSV No.67 of 2025 is hereby set aside. The detenu viz., Chinrasu, S/o.Muralidass, male, aged 23 years, is directed to be set at liberty forthwith unless he is required in connection with any other case. [N.S.K.,J.] [M.J.R.,J.] 24.11.2025 Index: Yes/No gpa 4/6

To

1. The Secretary to Government Home, Prohibition and Excise Department, Chennai-600 009.

2.The Commissioner of Police O/o The Commissioner of Police, Tambaram City, Sholinganallur, Chennai600119. 3.The Superintendent of Prison Central Prison-II, Puzhal Chennai-600066.

4.The Inspector of Police T-19, Kelambakkam Police Station, Kelambakkam, Chennai-603103.

5. The Joint Secretary to Government Public (Law & Order) Fort Saint George, Chennai - 9 6.The Public Prosecutor High Court, Madras.

5/6

N.SATHISH KUMAR, J., AND M.JOTHIRAMAN, J., gpa H.C.P.No.2243 of 2025 24.11.2025 6/6