Ganesan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.12.2025

CORAM:

THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN AND THE HONOURABLE MS.JUSTICE R. POORNIMA Ganesan ... Petitioner/ Father of Detenu -vs1.The State of Tamilnadu Rep. by the Additional Chief Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, Chennai-9.

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

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

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus, calling for the records relating to the detention order passed by the second respondent in

M.H.S.Confdl.No.30/2025, dated 30.04.2025 and quash the same and direct the respondents to produce the detenu namely Ramasubramanian @ Ramesh, S/o.Ganesan, aged about 25 years now detained at Central Prison, Palayamkottai before this Court and set him at liberty. For Petitioner :

Mr.D.Venkatesh 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 father of the detenu viz., Ramasubramanian alias Ramesh, son of Ganesan, aged about 25 years. The detenu has been detained by the second respondent by his order in M.H.S.Confdl.No.30/2025, dated 30.04.2025 holding him to be a "Goonda", as contemplated under Section 2(f) 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 raised the grounds that the detenu was arrested and remanded to judicial custody on 17.04.2025 in pursuant to the registration of the FIR in Cr.No.315 of 2025 for the offences punishable under Sections 296(b), 103(1), 351(3) BNS, subsequently altered into 61(2), 296(b), 103(2), 351(3) of BNS, but the detention order was passed only on 30.04.2025 and hence, there was a delay of 13 days. The detaining authority has shown only one ground case and there was no adverse case mentioned to detain the detenu under Act 14 of 1982 and the delay was not properly explained. He further submitted that no one had spoken about the specific overtact of the detenu except the statement recorded under Section 161(3). He further submitted that there was no public disturbance and as such, there is absolutely no necessity for the detaining authority to detain the detenu.

4. On persual of the records, on perusal of the counter affidavit and also the submission made by the learned Additional Public Prosecutor reveals that though the detenu was detained based on the ground case, all the accused persons have committed very serious offence

by murdering the deceased. It was also retaliation one and they severed head and taken the head of the deceased. The occurrence taken place in the ration shop, where the public gathered to puchase the PDS rice and other things. Therefore, there was public disturbance and all the public had seen the occurrence. Further, the detenu was arrested and remanded to judicial custody on 17.04.2025 the detention order was passed on 30.04.2025 and hence, there was absolutely no delay while detaining the detenu under Act 14 of 1982. In view of the above, we find no grounds to interfere with the order of detention passed by the second respondent and it is liable to be dismissed. Accordingly, this habeas corpus petition is dismissed.

[G.K.I., J.] [R.P., J.] 12.12.2025 am NCC :Yes/No Index: Yes/No Internet: Yes/No

To 1.The Additional Chief Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, Chennai-9.

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

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

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

G.K. ILANTHIRAIYAN,J.

AND R. POORNIMA,J.

am 12.12.2025