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A.Sailaja vs The State Represented By Its
2026 Latest Caselaw 1603 Mad

Citation : 2026 Latest Caselaw 1603 Mad
Judgement Date : 7 April, 2026

[Cites 1, Cited by 0]

Madras High Court

A.Sailaja vs The State Represented By Its on 7 April, 2026

Author: Anita Sumanth
Bench: Anita Sumanth
    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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