Thangam v. The State Of Tamil Nadu

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 Thangam ... Petitioner/wife of the detenu Vs.

1.The State of Tamil Nadu, Rep. by its Additional Chief Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, St. Fort George, Chennai - 9.

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

3.The Superintendent of Prison, Central Prison, Madurai District.

... Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India, 1/6

to issue a Writ of Habeas Corpus, calling for the entire records relating to the order of detention passed by the 2nd respondent in his proceedings in Detention Order No.15/2025 dated 02.03.2025 branding the petitioner's husband/Detenu namely, Ramu, aged about 55 years, son of Vellai, as Sexual Offender under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber law Offenders, Drug-Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Sexual Offenders, Slum-Grabbers and Video Pirates Act 1982 (Tamil Nadu Act 14 of 1982) read with order issued by the Government in G.O.(D) No.17 Home, Prohibition and Excise (XVI) Department, dated 09.01.2025 under Sub-Section (2) of Section 3 of the said Act and quash the same as illegal and direct the Respondents to produce the Detenu, who is confined in the 3rd Respondent's Central Prison, Madurai before this Court and set him at liberty forthwith.

For Petitioner : Mr.A.Ajith Prakash For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor 2/6

ORDER

(Order of the Court was made by G.K.ILANTHIRAIYAN, J.) The petitioner is the wife of the detenu viz., Ramu, aged about 55 years, son of Vellai. The detenu was detained by the 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 submits that the detenu was not served with the medical report of the victim. The document furnished to the detenu at page No.29 of the booklet is not 3/6

legible and as such the detenu could not able to make an effective representation. All the documents relied upon by the detaining authority were not furnished to the detenu.

4. On perusal of records and also the submission made by the learned Additional Public Prosecutor revealed that the detenu is aged about 55 years and committed penetrative sexual assault on three victim girls. Though the detaining authority referred some medical reports of the victim girl and served the relevant pages of medical report to the detenu, those documents are not relied upon by the detaining authority to pass the detention order. Therefore, it would not cause any prejudice to the detenu at any cost while submitting the representation to reconsider the order of detention. Further there was no delay in passing the order of detention. The petitioner was arrested and remanded to judicial custody on 09.02.205 and the order of detention passed on 02.03.2025. Further, this Court finds no ground to interfere with the order of detention passed by the second respondent and the Habeas Corpus Petition is liable to be dismissed.

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5. 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 Additional Chief Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, St. Fort George, Chennai - 9.

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

3.The Superintendent of Prison, Central Prison, Madurai District.

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

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G.K. ILANTHIRAIYAN, J.

AND R. POORNIMA, J.

rm 05.12.2025 6/6