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Madras High CourtHCP(MD)/751/2025allowed

A.Selvi v. The State Of Tamil Nadu

2025-12-19Honourable Mr Justice G.K. Ilanthiraiyan,Honourable Mr Justice Krishnan Ramasamy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.12.2025

CORAM:

THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN AND THE HONOURABLE Mr. JUSTICE KRISHNAN RAMASAMY A.Selvi ... Petitioner/ Wife of the Detenu -vs1.State of Tamilnadu by Secretary to Government, Home, Prohibition and Excise Department, Government of Tamil Nadu, Fort St.George, Chennai - 600 009.

2.The District Magistrate and District Collector, Tirunelveli, Tirunelveli District.

3.The Superintendent of Police, Tirunelveli District.

4.The Superintendent of Prison, Central Prison, Palayamkottai.

5.The Inspector of Police, Ambasamuthiram All Women Police Station, Tirunelvei District.

... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus, to call for the records in connection with the detention order passed by the second respondent dated 30.05.2025 in M.H.S. Confdl No.62/2025 against the petitioner husband Anandha Selvam, aged 30 years, son of Pandaram, who is placed under detention at Central Prison, Palayamkottai and set aside the detention order and direct the respondents to produce him before this Court and set him at liberty.

For Petitioner :

Mr.D.Venkatachalam For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor

O R D E R

(Order of the Court was made by G.K. ILANTHIRAIYAN,J.) The petitioner is the wife of the detenu viz., Anandha Selvam, son of Pandaram, aged about 30 years. The detenu has been detained by the second respondent by order in M.H.S. Confdl No. 62/2025, dated 30.05.2025 holding him to be a 'sexual offender', as contemplated under Section 2(ggg) of 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 appearing for the petitioner submitted that the petitioner's husband was detained under the Tamil Nadu Act 14 of 1982 by citing the ground case in Crime No.12 of 2025 on the file of the fifth respondent, registered for the offences punishable under Sections 7 and 8 of the Protection of Children from Sexual Offences Act, 2012. Except the ground case, the detaining authority did not rely upon any adverse case against the petitioner's husband. During the period of detention, the investigating authority completed investigation in Crime No.12 of 2025 and filed final report, which has been taken cognizance by the Trial Court and the petitioner's husband was subjected to trial in Special S.C.No.159 of 2025 before the Special Court for trial of POCSO Act cases, Tirunelveli. After full fledged trial, the petitioner's husband / detenu was acquitted by the Trial Court by Judgment dated 10.12.2025.

4. In view of the above submission, this Court is inclined to quash the detention order since except the ground case, the petitioner is not involved in any other adverse case.

5. In the result, the Habeas Corpus Petition is allowed and the order of detention in M.H.S. Confdl No.62/2025, dated 30.05.2025, passed by the second respondent is set aside. The detenu, viz., Anandha Selvam, son of Pandaram, aged about 30 years, is directed to be released forthwith unless his detention is required in connection with any other case.

[G.K.I., J.] [K.R., J.] 19.12.2025 mbi NCC :Yes/No Index: Yes/No Internet: Yes

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

2.The District Magistrate and District Collector, Tirunelveli, Tirunelveli District.

3.The Superintendent of Police, Tirunelveli District.

4.The Superintendent of Prison, Central Prison, Palayamkottai.

5.The Inspector of Police, Ambasamuthiram All Women Police Station, Tirunelvei District.

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

G.K. ILANTHIRAIYAN, J.

AND KRISHNAN RAMASAMY, J.

mbi 19.12.2025