Renuka v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 11.02.2026

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN AND THE HONOURABLE MS. JUSTICE R. POORNIMA H.C.P(MD). No.1144 of 2025 Renuka, ... Petitioner Vs.

1. The State of Tamil Nadu, Rep By, The Additional Chief Secretary to Government, Home, Prohibition and Excise Department Secretariat, Chennai - 9.

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

3. The Inspector of Police, AWPS - Uthamapalayam Police Station, Theni District.

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

... Respondents PRAYER :- Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus, to call for the entire records in relating to the impugned detention order No.34/2025 dated 26.07.2025 of the 2nd respondent and to set aside the same and consequently to direct 1/6

the respondents that to produce the detenue namely Eswaran, aged about 39 years, Son of Singaraj, who was termed as "Sexual Offender" and who is now detained in the 4th respondent's prison, before this Court and to set the detenu at his liberty.

For Petitioner : Mr.M.S.Jeyakarthik, For Respondent : 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., Eswaran, son of Singaraj aged about 39 years. The detenu has been detained by the second respondent by his order in detention order No.34/2025 dated 26.07.2025 holding him to be a "Sexual Offender", as contemplated under Section 2(ggg) of Tamil Nadu Preventive Detention Act,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 2/6

Detaining Authority.

3. The learned counsel appearing for the petitioner submitted that the translated copy of the order passed in H.C.P.(MD)No.2182 of 2022 dated 15.07.2024 in page Nos.37 to 54 of the booklet was not served to the detenu, therefore the detenu is deprived of his valuable right to make an effective representation to reconsider the order of detention. He further submitted that the detention order was passed only on the basis of one ground case. In fact, in the said case, now investigation completed and filed final report.

4. On a perusal of the counter affidavit filed by the second respondent and also the submission made the learned Additional Public Prosecutor appearing for the respondents, the detenu was branded as sexual offender and detained him under Tamil Nadu Act 14. The order passed in H.C.P.(MD)No.2182 of 2022 dated 15.07.2024, is nothing but exempting the detenu from medical examination. That part, the said document was only referred and not related by the detaining authority to pass detention order. Further, the bail application filed by the detenu is 3/6

in English. It is his own application filed on his behalf and as such, if the detenue was not served with the Tamil translated version, it would not cause any prejudice to him. Further, though the detenu was not served with a separate copy of the extension order, he was fully aware of the extension of his remand, as the English version of the remand extension order had been served on him. Therefore, no prejudice has been caused to the detenu in making an effective representation seeking reconsideration of the detention order. Hence, this Court finds no ground to interfere with the order of detention.

5. In the result, the Habeas Corpus Petition is dismissed. [G.K.I., J.] [R.P., J.] 11.02.2026 NCC :Yes/No Index: Yes/No Internet: Yes/No LS 4/6

TO

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

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

3. The Inspector of Police, AWPS - Uthamapalayam Police Station, Theni District.

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

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

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G.K. ILANTHIRAIYAN,J.

AND R. POORNIMA,J.

LS H.C.P(MD) No.1144 of 2025 11.02.2026 6/6