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Madras High CourtHCP/2748/2025allowed

A.Anitha v. The State Represented By Its

2026-02-16Honourable Mr Justice P. Velmurugan,Honourable Mr.Justice M.Jothiraman5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-02-2026

CORAM

THE HONOURABLE MR JUSTICE P.VELMURUGAN AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN HCP No.2748 of 2025 A.Anitha D/o.Ananthkumar No.381, Annai Sathiya Nagar, B-Ward Fort St.George, Chennai - 600 009 Petitioner Vs The State represented by its

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

2. The Commissioner of Police Tambaram City Office of the Commissioner of Police Chennai - 600 119

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

4. The Inspector of Police T-15, Kannagi Nagar Police Station Kannagi Nagar, Chennai - 600 097 Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, calling for the records in connection with the order of Detention passed by the 2nd respondent dated 24.07.2025 order in BBCDEFGISSSV No.83/2025 against the petitioner's brother namely, A.Deena,

male, aged 22 years, S/o Ananthan, who is confined at Central Prison, Puzhal and set aside the same and direct the respondents to produce the detenu before this Hon'ble Court and set him at liberty.

For Petitioner:

Mr.M.Kalaiyarasan For Respondents:

Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.M.Sylvester John

ORDER

(Order of the Court was made by P.Velmurugan J.) The petitioner, who is the sister of the detenu, viz., A.Deena, S/o Ananthan, aged 22 years, now confined at Central Prison, Puzhal, Chennai, has come forward with this petition challenging the detention order passed by the second respondent in proceedings BBCDEFGISSSV No.83/2025 dated 24.07.2025.

2. Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor appearing for the respondents.

3. Though the petitioner has raised several grounds, since it is brought to our notice that the detenu has studied only 7th Standard, we find from page 57 of the booklet that the translated version of the arrest intimation has not been supplied to the detenu, which has prevented the detenu from making an effective representation to the authorities against the order of detention. On this sole ground, the impugned order stands vitiated.

4. In view of the above, this habeas corpus petition is allowed and the impugned detention order made in proceedings BBCDEFGISSSV No.83/2025 dated 24.07.2025 on the file of the second respondent, is set aside. The detenu, namely, Thiru.A.Deena, S/o Ananthan, aged about 22 years, is directed to be set at liberty forthwith, unless his custody is required in connection with any other case.

(P.VELMURUGAN J.) (M.JOTHIRAMAN J.) 16-02-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes ss

To

1. The Secretary to Government Home, Prohibition and Excise Department Fort St.George, Chennai - 600 009 2.The Commissioner of Police Tambaram City Office of the Commissioner of Police Chennai - 600 119

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

4. The Inspector of Police T-15, Kannagi Nagar Police Station Kannagi Nagar, Chennai - 600 097

5. The Public Prosecutor High Court, Madras

P.VELMURUGAN J.

AND M.JOTHIRAMAN J.

ss 16-02-2026