Bakkiyam v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :27.01.2026

CORAM:

THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN AND THE HONOURABLE MS.JUSTICE R. POORNIMA Bakkiyam ... Petitioner -vsState of Tamil Nadu

1. The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, St. George Fort, Chennai-600 009.

2.The District Magistrate and District Collector Office of the Collectorate Building, Pudukottai District 3.The Superintendent of Prison, Central Prison, Tiruchirapalli ... 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 PDO No.20 of 2025 dated 28.06.2025 and quash the same and direct the

respondents to produce the body or person of the detenu namely Mukilan, son of the Murugan aged about 31 years now detained at Central Prison, Trichy) before tis Court and set him at liberty. For Petitioner :

Mr.D.S.Haroon Rasheed.

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 mother of the detenu viz., Mukilan, son of the Murugan aged about 31 years . The detenu has been detained by the second respondent by his order in Detention order in PDO No.20 of 2025 dated 28.06.2025 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 a ground that the detenu was arrested and remanded to judicial custody on 05.06.2025 in pursuance to the registration of the First Information Report in Crime No. 155 of 2025 for the offences under Sections 191(2), 296(b),103(1) and 351(3) of BNS, therefore the detenu was branded as Goonda and detained under Act.14 of 1982 on 28.6.2025. The detenu was served with the grounds of detention on 29.06.2025 and thereafter the petitioner was served with a booklet on 03.07.2025, thereby there was delay in serving in relied document to the detenu, as such the detenu could not able to make effective representation to reconsider the order of detention. That apart the detention order was passed on 28.06.2025 which was sent to the Government for its approval only on 03.07.2025, thereby there was an unexplained delay of five days which is in clear violation of Section 3(3) of the Tamil Nadu Goondas Act, 14 of 1982.

4. It is relevant to extract the Section 3(3) of the Tamil Nadu Act 14 of 1982:-

"3(3) When any order is made under this section by an officer mentioned in sub-section (2), he shall forthwith report the fact to the State Government together with the grounds on which the order has been made and such other particulars as, in his opinion, have a bearing on the matter, and no such order shall remain in force for more than twelve days after the making thereof, unless, in the meantime, it has been approved by the State Government."

5. It is seen from the records that in this case, the order of detention was passed on 28.06.2025 and the same was sent to the Government only on 03.07.2025. The date of detention order 28.06.2025 however, the detaining authority had taken five days time for sending the same to the Government for approval. On this sole ground alone the order of detention cannot be sustained and the same is liable to be quashed.

6. In the result, the Habeas Corpus Petition is allowed and the order of detention in PDO No.20 of 2025 dated 28.06.2025, passed

by the second respondent is set aside. The detenu, viz., Mukilan, son of the Murugan aged about 31 years, is directed to be released forthwith unless his detention is required in connection with any other case. [G.K.I., J.] [R.P., J.] 27.01.2026 NCC :Yes/No Index: Yes/No Internet: Yes/No aav To

1. The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, St. George Fort, Chennai-600 009.

2.The District Magistrate and District Collector Office of the Collectorate Building, Pudukottai District 3.The Superintendent of Prison, Central Prison, Tiruchirapalli 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

G.K. ILANTHIRAIYAN,J.

AND R. POORNIMA,J.

aav 27.01.2026