Madras High Court
Devaki vs The Additional Chief Secretary To on 20 June, 2025
Author: M.S.Ramesh
Bench: M.S. Ramesh
HCP.No.497 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.06.2025
CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH
AND
THE HONOURABLE MR. JUSTICE V. LAKSHMINARAYANAN
H.C.P.No.497 of 2025
DEVAKI
Petitioner(s)/ mother of the detenue
Vs
1. The Additional Chief Secretary To
The Government,
Home, Prohibition And Excise
Department, Secretariat, Chennai-600
009.
2.The District Collector And District
Magistrate,
Coimbatore District.
3.The Superintendent Of Police,
Coimbatore District.
4.The Superintendent Of Prison,
Central Prison, Coimbatore-18.
5.The Inspector Of Police,
Karamadai Police Station,
Coimbatore District.
...Respondent(s)
Page 1 of 8
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HCP.No.497 of 2025
PRAYER: Petition filed under Article 226 of the Constitution of India to
issue a writ of Habeas Corpus, to call for the records in connection with the
order of Detention passed by the second respondent dated 23.02.2025 in
Cr.M.P.No.04/D.O/2025 against petitioner's son Tamilselvan, aged 36 years,
S/o.Mani, confined at Central Prison, Coimbatore and set aside the same
and direct the respondent to produce the detenu before this Court and set
him at liberty.
For Petitioner : Mr.S.Selvakumar
For Respondents : Mr.E.Raj Thilak
Additional Public Prosecutor
ORDER
M.S.RAMESH, J.
and
V. LAKSHMINARAYANAN, J.
The petitioner herein, who is the mother of the detenu, Tamilselvan,
aged 36 years, S/o.Mani, confined at Central Prison, Coimbatore, has come
forward with this petition challenging the detention order passed by the
second respondent dated 23.02.2025 issued against her son, branding him as
"Drug 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,
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Slum Grabbers and Video Pirates Act, 1982 [Tamil Nadu Act 14 of 1982].
2. Heard the learned counsel for the petitioner and the learned
Additional Public Prosecutor appearing for the respondents.
3. Though several grounds have been raised by the learned counsel
for the petitioner, the detention order is liable to be quashed on the sole
ground that the subjective satisfaction of the Detaining Authority regarding
the possibility of the detenu coming out on bail by relying upon the bail
order granted to the accused in a similar case, suffers from non-application
of mind.
4. On a perusal, it is seen that in paragraph 4(iii) of the Grounds of
Detention, the Detaining Authority has stated that there is a possibility of
the detenu coming out on bail in the ground case since in a similar case in
Cr.M.P.No.1021 of 2024 dated 02.04.2024, bail was granted to the accused
therein. On a perusal of the said order, in page No.52 of the Booklet in
Volume-II, this Court finds that the said order relates to release of the
accused on bail u/s.167[2] of Cr.P.C. and the bail was granted to the accused
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therein since he had been in prison for 67 days and not on merits.
Therefore, it is not a similar case and the subjective satisfaction of the
Detaining Authority, regarding the possibility of the detenu coming out on
bail suffers from non-application of mind, which vitiates the detention
order. Hence, on this ground, the detention order is liable to be quashed.
5. The Hon'ble Supreme Court, in the case of 'Rekha Vs. State of
Tamil Nadu through Secretary to Government and Another' reported in
'2011 [5] SCC 244', has dealt with a situation where the Detention Order is
passed without an application of mind. In case, any of the reasons stated in
the order of detention is non-existent or a material information is wrongly
assumed, that will vitiate the Detention Order. When the subjective
satisfaction was irrational or there was non-application of mind, the Hon'ble
Supreme Court held that the order of detention is liable to be quashed. It is
relevant to extract paragraphs 10 and 11 of the said judgment of the Hon'ble
Supreme Court:-
“10.In our opinion, if details are given by the
respondent authority about the alleged bail orders in
similar cases mentioning the date of the orders, the
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bail application number, whether the bail order was
passed in respect of the co-accused in the same case,
and whether the case of the co-accused was on the
same footing as the case of the petitioner, then, of
course, it could be argued that there is likelihood of
the accused being released on bail, because it is the
normal practice of most courts that if a co-accused
has been granted bail and his case is on the same
footing as that of the petitioner, then the petitioner is
ordinarily granted bail. However, the respondent
authority should have given details about the alleged
bail order in similar cases, which has not been done
in the present case. A mere ipse dixit statement in the
grounds of detention cannot sustain the detention
order and has to be ignored.
11.In our opinion, the detention order in
question only contains ipse dixit regarding the alleged
imminent possibility of the accused coming out on bail
and there was no reliable material to this effect.
Hence, the detention order in question cannot be
sustained.”
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6. In view of the ratio laid down by the Hon'ble Supreme Court and in
view of the aforesaid facts, this Court is of the view that the detention order
is liable to be quashed.
7. Hence, for the aforesaid reasons, the detention order passed by the
second respondent on 23.02.2025 in Cr.M.P.No.04/D.O/2025, is hereby set
aside and the Habeas Corpus Petition is allowed. The detenu viz.,
Tamilselvan, aged 36 years, S/o.Mani, confined at Central Prison,
Coimbatore, is directed to be set at liberty forthwith, unless he is required in
connection with any other case.
[M.S.R., J] [V.L.N., J]
20.06.2025
(2/2)
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
Anu
To
1. The Additional Chief Secretary To The Government,
Home, Prohibition And Excise Department, Secretariat, Chennai-600 009.
2.The District Collector And District Magistrate,
Coimbatore District.
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3.The Superintendent Of Police,
Coimbatore District.
4.The Superintendent Of Prison,
Central Prison, Coimbatore-18.
5.The Inspector Of Police,
Karamadai Police Station, Coimbatore District.
6.The Joint Secretary,
Law and Order Department,
Secretariat, Chennai
7.The Public Prosecutor,
High Court, Madras.
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M.S.RAMESH, J.
and
V. LAKSHMINARAYANAN, J.
Anu
20.06.2025
(2/2)
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