Bakkiyalakshmi v. The Principal Secretary To Government,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-06-2026

CORAM

THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN Bakkiyalakshmi D/o.Peter, No.11, Soorathamman Koil Street, New Perungalathur, Chennai-63.

..Petitioner/ Sister of the detenu Vs

1. The Principal Secretary To Government, Home Prohibition and Excise Department, Secretariat, Chennai-600 009.

2. The Commissioner Of Police, Tambaram City.

3. The Superintendent Of Prison, Central Prison, Puzhal, Chennai-66.

4. The Inspector Of Police, Law And Order, T-1, Tambaram Police Station, Chennai.

..Respondent(s) Prayer : Petition filed under Article 226 of Constitution of India praying for issuance of Writ of Habeas Corpus, calling for the records in connection with the order of Detention passed by the second respondent

dated 27.10.2025 in Memo No.137/BBCDEFGISSSV/2025 against the petitioner's brother namely Rajesh, male aged 23 years, S/o.Peter, who is confined at Central Prison, Puzhal and set aside the same and direct the respondents to produce the detenue before this Court and set him at liberty.

For Petitioner(s):

Mr.S.Senthilvel For Respondent(s):

Mr.C.R.Malarvannan, Counsel for Government of Tamil Nadu (Criminal Side)

ORDER

(Order of the Court was made by Sunder Mohan J.) The sister of the detenu - P.Rajesh, S/o.Peter, aged 23 years, has filed this petition challenging the detention order dated 27.10.2025, branding him as a 'Goonda' under Section 2(f) of the Tamil Nadu Preventive Detention Act, 1982 (Act 14/1982).

2. We have heard learned counsel for petitioner and learned counsel for Government of Tamil Nadu (Criminal Side) for respondents.

3. Though several grounds have been raised, we are of the view that the detention order is liable to be quashed on the ground that the

satisfaction of the detaining authority as regards the real possibility of the detenu coming out on bail suffers from non-application of mind.

4. In the grounds of detention, the detaining authority has stated that the detenu has not filed any bail application and that his relative is taking steps to take him out on bail; and that in a similar case, bail was granted by the learned Judicial Magistrate, Sriperumbudur to the accused therein, in Crl.MP.No.81 of 2022 on 28.01.2022.

5. In the order relied upon by the detaining authority, it is seen that the learned Judicial Magistrate had granted bail under Section 167(2) Cr.P.C., since the final report was not filed within the statutory period and not on merits.

6. The reliance placed by the detaining authority on the order of the learned Judicial Magistrate to arrive at the satisfaction that there is a real possibility of the detenu coming out on bail, is misconceived. Therefore, the inference that the detenu would indulge in further criminal activities after his release also is without any basis. Hence, the detention order is liable to be quashed.

7. In light of the aforesaid discussion, this Habeas Corpus Petition is allowed and the Detention Order passed by the second respondent in BBCDEFGISSSV No.137/2025 dated 27.10.2025 is set aside.

8. The detenu, viz., P.Rajesh, S/o.Peter, aged 23 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.) 29-06-2026 Index: Yes/No Speaking/Non-speaking order Issue order copy today.

ars

To

1. The Principal Secretary To Government, Home Prohibition and Excise Department, Secretariat, Chennai-600 009.

2. The Commissioner Of Police, Tambaram City.

3. The Superintendent Of Prison, Central Prison, Puzhal, Chennai-66.

4. The Inspector Of Police, Law And Order, T-1, Tambaram Police Station, Chennai.

5. The Joint Secretary, Law and Order Department, Secretariat, Chennai

6. The Public Prosecutor, High Court, Madras.

DR.ANITA SUMANTH, J.

AND SUNDER MOHAN, J.

ars 29-06-2026