D.Porselvi v. The Additional Cheif Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29-04-2026
CORAM
THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN HCP No. 2494 of 2025 D.Porselvi W/o.Dhakshinamoorthy No.48 PM Dhargah 2nd Street, Triplicane, Chennai-600 005.
...Petitioner/Detenu's
Mother Vs
1. The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Fort St.George, Chennai - 600 009.
2. The Commissioner of Police Office of the Commissioner of Police, Greater Chennai Police, Vepery, Chennai.
3. The Superintendent of Police, Central Prison, Puzhal, Chennai.
4. The Inspector of Police, E2 Royapettah Police Station, Chennai.
...Respondents
Prayer : Petition filed under Article 226 of Constitution of India praying for issuance of Writ of Habeas Corpus, calling for the records pertaining to the order of detention passed by the second respondent in his proceedings in No.645/BBCDEFGISSSV/2025, dated 04.09.2025 and quash the same as illegal and produce the detenu, namely Sujith S/o.Dhakshinamurthy, aged 20 years GOONDA, now he is confined in Central Prison, Puzhal II, Chennai before this Court and set him at liberty.
For Petitioner:
Mr. C.Vignesh For Respondents:
Mr.R.Muniyapparaj Additional Public Prosecutor Assisted by Mr.M.Sylvester John
ORDER
(Order of the Court was made by Sunder Mohan J.) The mother of the detenu - Sujith S/o.Dhakshinamurthy, aged 20 years, has filed this petition challenging the detention order dated 04.09.2025, branding him as '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 Additional Public Prosecutor 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. The detaining authority has relied upon a statement said to have been made by the mother of the detenu, under Section 180(3) of the BNSS that she is taking steps to file a bail application in the ground case. However, we find that the statement of the mother of the detenu is unsigned. We have in HCP No. 1684 of 2025 vide order dated 01.04.2026, held that, the unsigned statement cannot be relied upon to infer that the detenu is likely to file bail application.
5. Therefore, the reliance placed on the said statement by the detaining authority to arrive at the satisfaction that there is a real possibility of the detenu coming out on bail is misconceived. Thus, the inference that the detention is warranted since the detenu is likely to indulge in further criminal activities after his release on bail is based on the said wrong premise. Hence, the detention order is liable to be quashed.
6. In light of the aforesaid discussion, this Habeas Corpus Petition is allowed and the Detention Order passed by the second respondent in No.645/BBCDEFGISSSV/2025 dated 04.09.2025 is set aside.
7. The detenu, viz., Sujith, S/o.Dhakshinamurthy, aged 20 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.) 29-04-2026 Index: Yes/No Speaking/Non-speaking order Note: Issue order today dk Copy to:
1. The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Fort St.George, Chennai-600 009.
2. The Commissioner of Police, Office of the Commissioner of Police, Greater Chennai Police, Vepery, Chennai.
3. The Superintendent of Police, Central Prison, Puzhal, Chennai.
4. The Inspector of Police, E2 Royapettah Police Station, Chennai.
5. The Joint Secretary, Law and Order Department, Secretariat, Chennai.
6. The Public Prosecutor, High Court of Madras.
DR.ANITA SUMANTH, J.
AND SUNDER MOHAN, J.
dk HCP No. 2494 of 2025 29-04-2026