[Cites 1, Cited by 0]
Madras High Court
Baskaran @ Bass vs State Of Tamil Nadu Rep.By Its on 10 April, 2026
Author: Anita Sumanth
Bench: Anita Sumanth
H.C.P.No.419 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.04.2026
CORAM :
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
and
THE HONOURABLE MR.JUSTICE SUNDER MOHAN
H.C.P.No.419 of 2026
Baskaran @ Bass, Male, aged 40 years,
S/o. Kanniappan,
No.66, 32nd Block, Ezhil Nagar,
Kannagi Nagar, Okkiyam Thuraipakkam,
Chennai – 600 097. .. Petitioner
vs
1.The State of Tamil Nadu
Rep. by its Additional Chief Secretary to Government,
Home, Prohibition and Excise Department,
Secretariat, Chennai-600 009.
2.The Commissioner of Police,
Greater Chennai.
3.The Inspector of Police,
S1, St.Thomas Mount Police Station, Chennai.
4.The Superintendent,
Central Prison, Puzhal, Chennai. .. Respondents
Prayer : Petition filed under Article 226 of Constitution of India praying
for issuance of Writ of Habeas Corpus to call for the entire records,
relating to the petitioner’s detention under Tamil Nadu Act 14 of 1982
1/5
https://www.mhc.tn.gov.in/judis
H.C.P.No.419 of 2026
vide detention order, dated 11.06.2025 on the file of the second
respondent herein made in proceedings No.342/BBCDEFGISSSV/2025
and quash the same as illegal and consequently direct the respondents
herein to produce the petitioner namely Baskaran @ Bass, aged 40 years,
son of Kanniappan, before this Court and set him at liberty, now
petitioner detained in Central Prison, Puzhal, Chennai – 600 066.
For Petitioner : Mr.C.C.Chellappan
For Respondents : Mr.R.Muniyapparaj
Additional Public Prosecutor
assisted by
Mr.M.Sylvester John
ORDER
(Made by Dr. ANITA SUMANTH, J.)
One Baskaran @ Bass, S/o Kanniappan has been detained and
retained in custody at Central Prison, Puzhal, Chennai by order of
detention dated 11.06.2025, prior to which, he was arrested on
24.05.2025. He has filed the present Habeas Corpus Petition seeking
quash of the order of detention.
2. We have heard the learned counsel for the petitioner and the
learned Additional Public Prosecutor for the respondents.
3. While several grounds have been taken by the petitioner, what
he stresses on before us is that there is no basis for the apprehension of
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the detaining authority that the detenu would be enlarged on bail. In fact,
as a fact, learned counsel for the petitioner confirms that the detenu has
not moved any bail application.
4. The grounds of detention are silent as what the basis of his
subjective satisfaction is. The booklet furnished to the detenu and placed
before us contains, at page 43, an unsigned statement recorded under
Section 180(3) of the Bharatiya Nyaya Sanhita, 2023 from his wife
indicating that a bail application would be moved.
5. That statement has absolutely no credibility, as it is unsigned
and hence, we eschew the same. In any event and as we have already
stated supra, even the detaining authority does not refer to the said
statement. In such circumstances, the statement of the detaining authority
that it is very likely that he would come out on bail has absolutely no
basis.
6. In the absence of any material whatsoever to support the
subjective satisfaction of the detaining authority that the detenu is likely
to be released on bail, the order of detention stands vitiated.
7. In light of the aforesaid discussion, this Habeas Corpus Petition
is allowed and the Detention Order passed by the second respondent in
No.342/BCDFGISSSV/2025, dated 11.06.2025 is set aside.
8. The detenu, viz., Baskaran @ Bass, S/o. Kanniappan, aged 40
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years, who is now confined in Central Prison, Puzhal, Chennai, is hereby
directed to be set at liberty forthwith unless his presence is required in
connection with any other case.
[A.S.M, J.] [S.M, J.]
10.04.2026
Index:Yes/No
Neutral Citation:Yes/No
sl
Note : Issue Today
To
1.The Additional Chief Secretary to Government,
Home, Prohibition and Excise Department,
Secretariat, Chennai-600 009.
2.The Commissioner of Police,
Greater Chennai.
3.The Inspector of Police,
S1, St.Thomas Mount Police Station, Chennai.
4.The Superintendent,
Central Prison, Puzhal, Chennai.
5.The Joint Secretary,
Law and Order Department,
Secretariat, Chennai
6.The Public Prosecutor,
High Court, Madras.
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DR. ANITA SUMANTH,J.
and
SUNDER MOHAN,J.
sl
10.04.2026
https://www.mhc.tn.gov.in/judis
