Madras High Court
Jothi vs The State Of Tamil Nadu on 3 November, 2025
Author: N.Sathish Kumar
Bench: N. Sathish Kumar
HCP No. 1609 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03-11-2025
CORAM
THE HONOURABLE MR JUSTICE N. SATHISH KUMAR
AND
THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
HCP No. 1609 of 2025
Jothi
W/o. Premkumar,
No.08, Annai Abirami Nagar Main Road,
Sundara Cholapuram, Thiruverkadu,
Chennai-600077.
Petitioner(s)
Vs
1. The State of Tamil Nadu
rep by its Additional chief Secretary to
Government,
Department of Prohibition and excise(Home),
Fort. St. George, Chennai-600009.
2.The Commissioner of Police,
Greater Chennai,
Vepery, Chennai.
3.The Superintendent Of Prison,
Central Prison, Puzhal,
1/8
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HCP No. 1609 of 2025
Chennai.
4.The Inspector of Police,
H-8, Thiruvotriyur Police Station,
Chennai.
Respondent(s)
PRAYER
This writ petition filed under article 226 of the Constitution of India to
issue a Writ of Habeas Corpus, or order or orders or direction particularly in the
nature of Writ of Habeas Corpus to call for the records in
No.434/BCDFGISSSV/2025, dated01.07.2025 on the file of the second
respondent herein and set aside the same as illegal and produce the detenu
Premkumar @ Karuppu Prem, Son of Udayakumar, aged about 24 years, who is
confined at Central Prison, Puzhal, Chennai, before this Honble Court and set
him at liberty and pass such further or other orders as this Hon'ble Court.
For Petitioner(s): Mr. Ilayaraja Kandasamy
For Respondent(s): Mr. A.Gokulakrishnan,
Addl. Public Prosecutor
ORDER
(Order of the Court was made by N.Sathish Kumar J.)
The petitioner/wife of the detenu viz., Premkumar @ Karuppu Prem,
aged 24 years, S/o Udayakumar, confined at Central Prison, Puzhal, Chennai,
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has come forward with this petition challenging the detention order passed by
the second respondent dated 01.07.2025 branding him as "Goonda" 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].
2. Heard the learned counsel for the petitioner, as well as the learned
Additional Public Prosecutor appearing for the respondents.
3. Though several grounds are raised in this petition, the learned counsel
for the petitioner focused mainly on the ground that the subjective satisfaction
of the Detaining Authority that the relatives of the detenu are taking steps to
take out the detenu on bail, suffers from non-application of mind, as the
statement under 180 (3) of B.N.S.S, said to have been made by the detenu's
relatives before the Sponsoring Authority, are not dated. Hence, the learned
counsel for the petitioner raised a bona fide doubt as to when this statement was
obtained from the detenu's relatives. The learned counsel further pointed out
that, unless the statements relied upon by the Sponsoring Authority is
immediately before the Detention Order, it may not have relevance and hence,
the subjective satisfaction of the Detaining Authority based on this undated
statement, would vitiate the Detention Order.
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4. The learned Additional Public Prosecutor would also fairly state that
the statement under 180 (3) of B.N.S.S, said to have been made by the detenu's
relatives before the Sponsoring Authority, is not dated.
5. It is seen from records that the statement obtained by the Sponsoring
Authority from the detenu's relatives, enclosed in Page No.203 of Volume-I,
stating that they are planning to file a bail application to bring out the detenu on
bail, are not dated. On a perusal of the Grounds of Detention, it is seen that the
Detaining Authority has observed that the Sponsoring Authority has stated that
he came to understand that the relatives of the detenu are taking steps to take
him out on bail by filing bail application before the appropriate Court and has
arrived at the subjective satisfaction that the detenu is likely to be released on
bail. When the statements obtained by the Sponsoring Authority from the
relatives of the detenu stating that they are planning to file bail application to
bring out the detenu on bail, are not dated, the veracity of such statements
becomes doubtful. The compelling necessity to detain the detenu would also
depend on when the statements were obtained. In the absence of the date, the
compelling necessity to detain, becomes suspect. Hence, this Court is of the
view that the subjective satisfaction of the Detaining Authority based on such
undated material, suffers from non-application of mind.
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6. 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 paragraph
Nos.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 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.
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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.”
7. 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.
8. Hence, for the aforesaid reasons, the detention order passed by the
second respondent on 01.07.2025 in No.434/BCDFGISSSV/2025, is hereby set
aside and the Habeas Corpus Petition is allowed. The detenu viz., Premkumar
@ Karuppu Prem, Son of UdayaKumar, aged about 24 years, confined at
Central Prison, Puzhal, Chennai, is directed to be set at liberty forthwith,
unless he is required in connection with any other case.
(N.SATHISH KUMAR J.) (M.JOTHIRAMAN J.)
03-11-2025
Index:Yes/No
Speaking/Non-speaking order
Internet:Yes
Neutral Citation:Yes/No
mrp
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To
1.The Additional chief Secretary to Government
Department of Prohibition and excise(Home),
Fort. St. George, Chennai-600009.
2.The Commissioner Of Police,
Greater Chennai, Vepery, Chennai.
3.The Superintendent Of Prison,
Central Prison, Puzhal, Chennai District.
4.The Inspector Of Police
H-8, Thiruvotriyur Police Station,
Chennai.
5. The Public Prosecutor,
High Court of Madras, Chennai.
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N.SATHISH KUMAR J.
AND
M.JOTHIRAMAN J.
mrp
03-11-2025
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