← Library
Madras High CourtHCP(MD)/731/2025dismissed

R. Jelin Prabha, v. The State Of Tamil Nadu

2025-12-05Honourable Mr Justice G.K. Ilanthiraiyan,Honourable Ms.Justice R. Poornima5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.12.2025

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA R.Jelin Prabha ... Petitioner/wife of the detenu Vs.

1.The State of Tamil Nadu, Rep. by the Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 9.

2.The District Collector and District Magistrate, Kanniyakumari District, Nagercoil.

3.The Superintendent of Prison, Central Prison, Palayamkottai, Tirunelveli.

... Respondents 1/5

PRAYER:- Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, calling for the entire records connected with the detention order passed in P.D.No.5/2025 dated 17.03.2025 on the file of the 2nd respondent herein and quash the same and direct the respondents to produce the detenu or body of the detenu namely, the petitioner's husband i.e., Johnrose, aged about 63 years, S/o.Palaiyan, now detained at the Central Prison, Palayamkottai, before this Court and set him at liberty forthwith.

For Petitioner : Mr.N.Pragalathan For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor

ORDER

(Order of the Court was made by G.K.ILANTHIRAIYAN, J.) The petitioner is the wife of the detenu viz., Johnrose, S/o.Palaiyan, aged about 63 years. The detenu was detained by the 2/5

second respondent by order in P.D.No.5/2025 dated 17.03.2025, holding him to be a "Sexual Offender", as contemplated under Section 2(ggg) of the Tamil Nadu Act 14 of 1982. The said order is under challenge in this Habeas Corpus Petition.

2.We have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. We have also perused the records produced by the Detaining Authority.

3. The learned counsel for the petitioner though raised several grounds questioning the order of detention, the detenu is aged about 63 years and committed penetrative sexual assault against the victim girl and the victim girl also delivered a baby and the DNA test is also proved that the detenu is the biological father of the child. Further, this Court finds no other ground to interfere with the order of detention passed by the second respondent and the Habeas Corpus Petition is liable to be dismissed.

3/5

4. In the result, the Habeas Corpus Petition stands dismissed. [G.K.I.J.,] & [R.P.J.,] 05.12.2025 NCC :Yes/No Index :Yes/No Internet :Yes rm To 1.The State of Tamil Nadu, Rep. by the Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 9.

2.The District Collector and District Magistrate, Kanniyakumari District, Nagercoil.

3.The Superintendent of Prison, Central Prison, Palayamkottai, Tirunelveli.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

4/5

G.K. ILANTHIRAIYAN, J.

AND R. POORNIMA, J.

rm 05.12.2025 5/5