Muralidass v. The Secretary To The Government,

2026:MHC:1028

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-03-2026

CORAM

THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN Muralidass S/o.Chellappan, No.4/410, Sengeniyamman Koil Street, Balamma Nagar, Thaiyur, Kancheepuram-603 103.

..Petitioner(s) Vs

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

2. The Commissioner of Police, O/o. The Commissioner of Police, Tambaram City, Sholinganallur, Chennai-600 119.

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

4. The Inspector of Police, T-19, Kelambakkam Police Station, Kelambakkam, Chennai -603 103.

..Respondent(s) Prayer:

Habeas Corpus petition filed under Article 226 of the Constitution of India for issuance of a Writ of Habeas Corpus or any other appropriate writ, order or direction, directing the respondents to produce the detenu M.Srikanth,

male aged 22 years, S/o.Muralidass who is detained in Central Prison II, Puzhal, Chennai, before this Hon'ble Court and pass an order to call for the records of detention order passed by the second respondent in No.76/BCDFGISSSV/2025 dated 05.07.2025 against the petitioner's son M.Srikanth and set aside the same and set the detenu at liberty.

For Petitioner(s):

Mr.D.Dhanasekar For Respondent(s):

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

ORDER

(Order of the Court was made by Dr.Anita Sumanth J.) We have heard Mr.D.Dhanasekar, learned counsel for the petitioner and Mr.Muniyapparaj, learned Additional Public Prosecutor assisted by Mr.Sylvester John, learned counsel for the respondents.

2. The challenge is to an order of detention dated 05.07.2025, whereunder the detenu M.Srikanth, male aged 22 years, S/o.Muralidass, has been branded as a Goonda in terms of Section 2(f) of the Tamil Nadu Preventive Detention Act, 1982 (Tamil Nadu Act 14 of 1982) (in short 'Act').

3. The grounds for detention are that the ground case relates to robbery and there were five adverse cases against him. The Sponsoring Authority has also indicated that there is a chance of the detenu availing bail.

4. However, learned counsel for the petitioner would point out that no bail application has been filed and they do not intend to do so.

5. Seeing as no bail application has been filed and no statement has been recorded from the relatives or friends that may lead to an apprehension that such a bail application would be moved, there is no merit in the impugned detention order that has been passed.

6. Hence, this Habeas Corpus Petition is allowed and the Detention Order passed by the second respondent in BCDFGISSSV No.76/2025 dated 05.07.2025 is hereby set aside.

7. The detenu, viz., M.Srikanth, S/o.Muralidass, male aged 22 years, who is now confined in Central Prison, Puzhal, Chennai, is hereby 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.) 12-03-2026 Index: Yes/No Speaking order sl Note: Registry is directed to issue a copy of this order today.

DR.ANITA SUMANTH J.

AND SUNDER MOHAN J.

sl To

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

2. The Commissioner of Police, O/o. The Commissioner of Police, Tambaram City, Sholinganallur, Chennai-600 119.

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

4. The Inspector of Police, T-19, Kelambakkam Police Station, Kelambakkam, Chennai -603 103.

5. The Public Prosecutor, High Court of Madras.

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

12-03-2026