R. Vanaja v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 08/12/2025

CORAM

THE HONOURABLE MR JUSTICE G.K.ILANTHIRAIYAN AND THE HONOURABLE MS JUSTICE R.POORNIMA R.Vanaja : Petitioner/Wife of the Detenu Vs.

1.State of Tamil Nadu Rep. By the Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai-600 009.

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

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

4.The Superintendent, District Jail, Perurani, Thoothukudi District. : Respondents 1/6

Prayer:- This Habeas Corpus Petition is filed under Article 226 of the Constitution of India, calling for the entire records connected with the detention order passed in H.S(M)Confdl. No.30/2025, dated 27/03/2025 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., Ragul, aged about 25 years, s/o.Rajendran, now detained at District Jail, Perurani, Thoothukudi District, before this Court and set him at liberty forthwith and pass such other and further orders. For Petitioner : Mr.N.Pragalathan For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor

O R D E R

(Order of the Court was made by the Hon'ble G.K.ILANTHIRAIYAN.J.) The petitioner is the wife of the detenu. The detenu has been detained by the second respondent by his order in H.S(M) Confdl. No.30/2025, dated 27/03/2025 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 2/6

respondents. We have also perused the records produced by the Detaining Authority.

3.The detenu was arrested and remanded to judicial custody on 08/03/2025 pursuant to the registration of the case in Crime No.6 of 2025 for the offences under Section 329(4) of BNS and Section 5(l), 6 of POCSO Act on the file of the All Women Police Station, Pudukottai, Thoothukudi District. Thereafter, the Investigating Officer recommended the detenu/accused for detaining him under Act 14 of 1982 and accordingly, the Detaining Authority detained the detenu under Act 14 of 1982, by the impugned order, dated 27/03/2025. 4.The learned counsel for the petitioner raised a specific ground that detenu was arrested on 08/03/2025 in pursuance of the registration of case in Crime No.6 of 2025 registered by the AWPS, Pudukottai, Tuticorin District and thereafter, the detenu was detained by passing the detention order, on 27/03/2025. He further submits that the document, which was relied upon by the Detaining Authority attested only on 29/03/2025.

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5.On perusal of the counter affidavit and other materials available on record reveals that there was no inordinate delay in passing the detention order and the petitioner was arrested only, on 08/03/2025 and the detention order was passed, on 27/03/2025. Further, the detenu is also a history sheeter and so far, there are two adverse cases and one ground case against him and he committed the aggravated penetrative sexual assault on the victim child, who was aged about 14 years. 6.In view of the above facts, this Court finds no ground to interfere with the impugned order, dated 27/03/2025 passed by the detention authority namely the second respondent. Accordingly, this Habeas Corpus Petition is dismissed.

(G.K.I., J.) (R.P., J.) 08-12-2025 Index:Yes/No Internet:Yes/No er 4/6

G.K.ILANTHIRAIYAN,J and R.POORNIMA,J er To, 1.The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai-600 009.

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

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

4.The Superintendent, District Jail, Perurani, Thoothukudi District.

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

HCP (MD) No.926 of 2025 08/12/2025 5/6

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