Sneha v. The Secretary To The Government,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-06-2026

CORAM

THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN Sneha W/o.Manivannan, No.4/12A, Main Road, Asakalathur Village, Kallakurichi Taluk and District.

..Petitioner(s) Vs

1. The Secretary to the Government, Home Prohibition and Excise Dept., Secretariat, Chennai - 600 009.

2. District Magistrate and Collector of Kallakurichi District, Kallakurichi.

3. The Superintendent of Police, Kallakurichi District, Kallakurichi.

4. The Superintendent of Prison, Central Prison, Cuddalore.

5. The Inspector of Police, Keezhkuppam Police Station, Kallakurichi District.

..Respondent(s)

Prayer:

Habeas Corpus petition filed under Article 226 of Constitution of India for issuance of a WRIT OF HABEAS CORPUS or any other Writ or Order in the nature of Writ call for the records in Connection with the order of Detention passed by the second respondent dated 02.10.2025 in D.O.No.C2/27/2025 against the petitioner Husband Manivannan, Male aged 36 years S/o.Ramalingam, who is Confined at Central Prison, Cuddalore and set aside the same and direct the respondents to produce the detenue before the Hon'ble Court and set him at Liberty and pass such further or other orders as this Hon'ble Court.

For Petitioner(s):

Mr. D. Balaji For Respondent(s):

Mr. C.R.Malarvannan Counsel For Government Of Tamil Nadu (Criminal Side) Order (Order of the Court was made by Dr.Anita Sumanth J.) The wife of the detenu viz., Manivannan, S/o.Ramalingam, male, aged 36 years, who has been branded as Goonda under Section 2(f) of the Tamil Nadu Preventive Detention Act, 1982 (Act), has filed this habeas corpus petition.

2. Heard Mr.D.Balaji, learned counsel for the petitioner and Mr.C.R.Malarvannan, learned Counsel for Government of Tamil Nadu (Criminal Side) for the respondents.

3. Though several grounds have been raised on behalf of the petitioner, we find that this HCP is to be allowed on the following ground. The effective ground raised relates to missing pages in the booklet supplied to the detenu. The detaining authority, to support his subjective satisfaction that the detenu would be enlarged on bail, has referred to the order passed in C.M.P.No.408 of 2025 dated 19.06.2025. However, a copy of the bail order has not been placed in his booklet.

4. We have compared the booklet supplied to the detenu with the booklet in possession of the learned counsel for the respondents. We find that the booklet in possession of the learned counsel for the respondents contains 58 pages, which includes a copy of the order passed in CMP No.408 of 2025. However, the booklet supplied to the detenu contains 46 pages and does not include the bail order.

5. Section 8 of the Tamil Nadu Act 14 of 1982 requires the grounds of detention to be disclosed to the detenu which necessarily, on first principles, has to be accompanied by the documents on the basis of which the grounds of detention have been made out in the detention order. Hence, the stipulation under Section 8 to serve the order of detention not later than 5 days of detention, would extend to the booklet as well.

6. We have noted that, as a practice, when the booklet is served on the detenu, the authorities affix a seal of acknowledgment of receipt on each and

every page of the booklet. The seal contains the signature of the detenu with the date and time. This seal is not available on pages 47 to 58 of the booklet available with the learned counsel for the respondents that includes the bail order.

7. Incidentally, the co-accused in this case had filed HCP No.2329 of 2025 and that has come to be allowed by order dated 22.06.2026.

8. In light of the above discussion, this Habeas Corpus Petition is allowed and the Detention Order passed by the second respondent in D.O.No.C2/27/2025, dated 02.10.2025 is set aside.

9. The detenu, viz., Manivannan, S/o. Ramalingam, aged 36 years, now confined in Central Prison, Cuddalore, 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.) 23-06-2026 sl Index: Yes/No Speaking/Non-speaking order Note to Registry: Issue Today.

To

1. The Secretary to the Government, Home Prohibition and Excise Dept., Secretariat, Chennai - 600 009.

2. District Magistrate and Collector of Kallakurichi District, Kallakurichi.

3. The Superintendent of Police, Kallakurichi District, Kallakurichi.

4. The Superintendent of Prison, Central Prison, Cuddalore.

5. The Inspector of Police, Keezhkuppam Police Station, Kallakurichi District.

6. The Public Prosecutor, High Court of Madras.

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

DR.ANITA SUMANTH J.

AND SUNDER MOHAN J.

SL 23-06-2026