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Madras High CourtHCP(MD)/1435/2025allowed

Veerasooran v. State Of Tamilnadu, Rep By Its The Additional Chief Secretary To Government

2026-03-26Honourable Mr Justice N. Anand Venkatesh,Honourable Mr Justice K.K. Ramakrishnan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.03.2026

CORAM

THE HON'BLE MR JUSTICE N. ANAND VENKATESH AND THE HON'BLE MR JUSTICE K.K.RAMAKRISHNAN H.C.P.(MD)No.1435 of 2025 Veerasooran .. Petitioner / detenu Vs.

1.State of Tamil Nadu, represented by its The Additional Chief Secretary to the Government, Home, Prohibition and Excise (IX) Department, Secretariat, Chennai-600 009.

2.The District Magistrate and District Collector, Office of the District Magistrate and District Collector, Virudhunagar.

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

.....Respondents Prayer :Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus to call for the entire records, connected with the detention order passed by the second respondent in Cr.M.P.No.20 of 2025

dated 16.10.2025 and quash the same and direct the respondents to produce the body or person of the detenu by name, Veerasooran son of Marimuthu, aged about 30 years, now detained as "Goonda" at Madurai Central Prison before this Court and set him at liberty forthwith. For Petitioner : Mr.Dr.R.Alagumani For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor

ORDER

(Order of the Court was made by N. ANAND VENKATESH,J.) The petitioner is the wife of the detenu viz., Veerasooran son of Marimuthu, aged about 30 years. The detenu has been detained by the second respondent by his order in Cr.M.P.No.20 of 2025 dated 16.10.2025 holding him to be a "Goonda", as contemplated under Section 2(f) 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. Apart from the other grounds raised by the learned counsel appearing for the petitioner, one of the main ground that was raised is that the bail petition filed by the detenu was dismissed and in spite of the same, the Detaining Authority took into consideration the order passed in Cr.M.P.No.3297 of 2025 dated 08.10.2025 and came to a conclusion that in a similar case, bail has been granted and therefore, there is likelihood of the detenu coming out on bail. The learned counsel submitted that the order relied upon by the Detaining Authority is not a similar case and therefore, the detention order suffers from non-application of mind.

4. We have carefully gone through the order passed in Cr.M.P.No. 3297 of 2025 dated 08.10.2025. That was a case where the accused therein was facing charges for the offences under Sections 137(2), 309(6) and 310(2) of BNS, 2023. There was no previous antecedent against the accused person therein and the learned Additional Public Prosecutor did not raise any objection for the grant of bail. The Court also took into consideration the incarceration suffered by the accused therein. In the case in hand, there are two adverse cases against the detenu. Therefore, the

detenu certainly had a previous antecedent and whereas in the order that was relied upon by the Detaining Authority, there were no previous cases against the accused person therein. Therefore, the said order cannot be considered to be a similar case and consequently the detention order suffers from non-application of mind.

5. In the result, the Habeas Corpus Petition is allowed and the order of detention in Cr.M.P.No.20 of 2025 dated 16.10.2025 passed by the second respondent is set aside. The detenu, viz., Veerasooran son of Marimuthu, aged about 30 years, is directed to be released forthwith unless his detention is required in connection with any other case. (N.A.V.,J..) (K.K.R.K,J.,) 26.03.2026 Index : Yes / No Internet : Yes / No TSG To 1.The Additional Chief Secretary to the Government, Home, Prohibition and Excise (IX) Department, Secretariat, Chennai-600 009.

2.The District Magistrate and District Collector, Office of the District Magistrate and District Collector, Virudhunagar.

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

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

N. ANAND VENKATESH,J.

AND K.K.RAMAKRISHNAN,J.

TSG H.C.P.(MD)No.1435 of 2025 26.03.2026