Citation : 2026 Latest Caselaw 1603 Mad
Judgement Date : 7 April, 2026
2026:MHC:1385
H.C.P.Nos.2011, 1909 & 2218 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.04.2026
CORAM :
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
and
THE HONOURABLE MR.JUSTICE SUNDER MOHAN
H.C.P.Nos.2011, 1909 & 2218 of 2025
HCP No. 2011 of 2025
A.Sailaja (Female, aged about 53 years)
W/o. Abdhul Kareem
No.7C, Annamanaikar Street,
Sowbhagya Nagar, Kuniyamuthur,
Coimbatore District,
presently residing at No.3/20,
E.B.Colony, Covai Pudhur Pirivu,
Kuniyamuthur, Coimbatore District. .. Petitioner
vs
1.The State
Rep. by its Secretary to Government,
Home, Prohibition and Excise Department,
Fort St.George, Chennai-600 009.
2.The Commissioner of Police / Detaining Authority,
Coimbatore City, Coimbatore District.
3.The Superintendent of Prison,
Coimbatore City, Coimbatore District.
4.The Inspector of Police,
C-5, Kavundampalayam Police Station,
Coimbatore District. .. Respondents
1/7
https://www.mhc.tn.gov.in/judis
H.C.P.Nos.2011, 1909 & 2218 of 2025
Prayer in HCP No.2011of 2025 : Petition filed under Article 226 of
Constitution of India praying for issuance of Writ of Habeas Corpus
calling for the records leading to the detention of the petitioner’s son by
name A.Sadham Hussain, aged about 34 years, son of Abdhul Kareem,
under Act 14/1982 vide detention order dated 16.08.2025 on the file of
the 2nd respondent made in proceedings in C.No.137/G/IS/2025, quash the
same, consequently direct the respondents herein to produce the
petitioner’s son by name A.Sadham Hussain, aged 34 years, son of
Abdhul Kareem, who is lodged at Central Prison, Coimbatore, before this
Court and set him at liberty.
H.C.P.No. 1909 of 2025
Mamtha (F/A-47)
W/o. Prakash,
No.9, Rajendran Prasath Street,
PN Pudur, Coimbatore,
Tamilnadu – 641 007 .. Petitioner
vs
1.The Additional Chief Secretary to Government,
Home, Prohibition and Excise Department,
Secretariat, Chennai-600 009.
2.The Commissioner of Police,
Coimbatore District, Coimbatore.
3.The Superintendent of Prison,
Central Prison, Coimbatore
4.The Inspector of Police,
C-5, Kavundampalayam Police Station,
Coimbatore District. .. Respondents
2/7
https://www.mhc.tn.gov.in/judis
H.C.P.Nos.2011, 1909 & 2218 of 2025
Prayer in HCP No.1909 of 2025 : Petition filed under Article 226 of
Constitution of India praying for issuance of Writ of Habeas Corpus to
call for the records in connection with the order of detention passed by
the second respondent dated 16.08.2025 in C.No.136/G/IS/2025 against
the petitioner’s son Sri Prathan, S/o. Prakash, male, aged 28 years, who is
confined at Central Prison, Coimbatore and set aside the same and direct
the respondents to produce the detenu before this Court and set him at
liberty.
HCP No. 2218 of 2025
Sumathi (F/A-51)
W/o. Krishnan,
No.12/32K, Ponnu Nalli Konar Street,
Velandipalayam, Coimbatore. .. Petitioner
vs
1.The Additional Chief Secretary to Government,
Home, Prohibition and Excise Department,
Secretariat, Chennai-600 009.
2.The Commissioner of Police/Detaining Authority,
Coimbatore District, Coimbatore.
3.The Superintendent of Prison,
Central Prison, Coimbatore
4.The Inspector of Police,
C-5, Kavundampalayam Police Station,
Coimbatore District. .. Respondents
Prayer in HCP No.2218 of 2025 : Petition filed under Article 226 of
Constitution of India praying for issuance of Writ of Habeas Corpus
calling for the records in connection with the order of detention passed by
the 2nd respondent dated 16.08.2025 in C.No.138/G/IS/2025 against the
3/7
https://www.mhc.tn.gov.in/judis
H.C.P.Nos.2011, 1909 & 2218 of 2025
petitioner’s son Raghul, S/o. Krishnan, male, aged 22 years, who is
confined at Central Prison, Coimbatore and set aside the same and direct
the respondents to produce the detenu before this Court and set him at
liberty.
For Petitioner : Mr.S.N.Arunkumar
(In HCP.No.2011 of 2025)
Mr.R.Rajadurai
for Mr.R.Mukesh Kannah
(In HCP.Nos.1909 & 2218 of 2025)
For Respondents : Mr.R.Muniyapparaj
Additional Public Prosecutor
assisted by
Mr.M.Sylvester John
COMMON ORDER
(Made by Dr. ANITA SUMANTH, J.)
The relatives of co-accused in Cr.No.404 of 2025 have approached
this Court seeking release of (i) A.Sadham Hussain, aged 34 years S/o.
Abdhul Kareem (HCP.No.2011 of 2025), (ii) P.Sri Prathan, aged 28 years
S/o.Prakash (HCP.No.1909 of 2025) and (iii) K.Raghul, aged 22 years,
S/o.Krishnan (HCP.No.2218 of 2025), who have been branded as
‘Goondas’ under Section 2(f) of the Tamil Nadu Preventive Detention
Act, 1982 and detained in Central Prison, Coimbatore.
2.The case of the petitioners is that the impugned orders of
detention are illegal as the subjective satisfaction on the basis of which,
they have been detained is erroneous and vitiated in law. The authority
https://www.mhc.tn.gov.in/judis H.C.P.Nos.2011, 1909 & 2218 of 2025 has referred to an order passed in the case of various accused in
CMP.No.1188 of 2020 in Cr.No.503 of 2020, which, according to the
petitioners, is inapplicable to their case.
3.We have heard the learned counsel for the petitioners and learned
Additional Public Prosecutor.
4.On perusal of order dated 06.07.2020 in CMP.No.1188 of 2020,
we find that the circumstances and facts therein are entirely different.
Firstly, the charges as against the accused in that case, are not identical to
the charges in the present matter. That apart, bail was granted in that case
solely based on concerns for public health and safety, in light of the then
prevailing Covid-19 pandemic.
5.As the circumstances and facts between that case and the present
case are entirely different, we conclude that the satisfaction of the
authority that the detenus may be enlarged on bail, has no basis
whatsoever.
6. In light of the aforesaid discussion, these Habeas Corpus
Petitions are allowed and the Detention Orders passed by the second
respondent in C.O.C.Nos.137, 136 and 138/G/IS/2025, all dated
16.08.2025, are set aside.
7. The detenu, viz., A.Sadham Hussain, S/o. Abdhul Kareem, aged
34 years (HCP No.2011/25), P.Sri Prathan, S/o. Prakash, aged 28 years
https://www.mhc.tn.gov.in/judis H.C.P.Nos.2011, 1909 & 2218 of 2025 (HCP No. 1909/25) and K.Raghul, S/o. Krishnan, aged 22 years (HCP
No.2218/25), now confined in Central Prison, Coimbatore, are directed to
be set at liberty forthwith unless their presence is required in connection
with any other case.
[A.S.M, J.] [S.M, J.]
07.04.2026
Index:Yes/No
Speaking order
Neutral Citation:Yes
vs
Note : Issue Today.
To
1.The Secretary to Government,
Home, Prohibition and Excise Department, Fort St.George, Chennai-600 009.
2.The Commissioner of Police / Detaining Authority, Coimbatore City, Coimbatore District.
3.The Superintendent of Prison, Central Prison, Coimbatore.
4.The Inspector of Police, C-5, Kavundampalayam Police Station, Coimbatore District.
5.The Joint Secretary, Law and Order Department, Secretariat, Chennai
6.The Public Prosecutor, High Court, Madras.
https://www.mhc.tn.gov.in/judis H.C.P.Nos.2011, 1909 & 2218 of 2025
DR. ANITA SUMANTH,J.
and SUNDER MOHAN,J.
vs
H.C.P.Nos. 2011, 1909 & 2218 of 2025
07.04.2026
https://www.mhc.tn.gov.in/judis
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