Usha v. The Government Of Tamilnadu, Rep.By Its, Additional Chief Secretary To Government,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-06-2026

CORAM

THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN HCP No. 2745 of 2025 Usha W/o. Arumugam, No.27, "A" Block, Baruva Nagar, Teynampet, Chennai - 18.

Now Present at, No.11, Kanchi Colony, South Boag Road, T.Nagar, Chennai -17.

...Petitioner/Mother of

the detenu Vs

1. The Government of Tamil Nadu, Rep. by its, Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.

2. The Commissioner of Police, Greater Chennai Police, Vepery, Chennai - 8.

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

4. The Inspector of Police, L & O, E-3, Teynampet 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 relating to the proceedings of the 2nd respondent in No.667/BBCDEFGISSSV/2025 (wrongly mentioned as BCDFGISSSV No.667/2025 in the petition) dated 11.09.2025 against the petitioner's son Manikandan @ Vaandu Mani, male aged about 30, S/o. Arumugam and quash the same and consequently direct the respondents herein to produce the detenue who is detained under the Tamil Nadu Act 14 of 1982 currently confined the Central Prison, Puzhal before this Court and set him at liberty. For Petitioner:

Mr.S.Senthilvel for Mr. G.Pandian For Respondents:

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

ORDER

(Order of the Court was made by Sunder Mohan J.) The mother of the detenu - Manikandan @ Vaandu Mani, aged 30 years, S/o. Arumugam, has filed this petition challenging the detention order dated 11.09.2025, branding him as 'Goonda' under Section 2(f) of the Tamil Nadu Preventive Detention Act, 1982 (Act 14/1982). 2.Heard the learned counsel for the petitioner and the learned counsel for Government of Tamil Nadu (Criminal Side) for the 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 neither signed nor dated. 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.667/BBCDEFGISSSV/2025 dated 11.09.2025 is set aside.

7. The detenu, viz., Manikandan @ Vaandu Mani, aged 30 years, S/o. Arumugam, 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.) 08-06-2026 Index: Yes/No Speaking/Non-speaking order Issue order copy today.

dk To

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

2. The Commissioner of Police, Greater Chennai Police, Vepery, Chennai - 8.

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

4. The Inspector of Police, L & O, E3, Teynampet 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.

dk HCP No. 2745 of 2025 08-06-2026