[Cites 1, Cited by 0]
Madras High Court
Sumitra vs State Of Tamilnadu Rep By The Secretary ... on 16 April, 2026
Author: Anita Sumanth
Bench: Anita Sumanth
2026:MHC:1483
H.C.P.Nos.2060 & 2134 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.04.2026
CORAM :
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
and
THE HONOURABLE MR.JUSTICE SUNDER MOHAN
H.C.P.Nos.2060 & 2134 of 2025
HCP No. 2060 of 2025
Sumitra F/A 43,
W/o. Govindaraj,
No.94, 4th Floor, G-Block,
K.P.Park, Pulianthope,
Chennai. .. Petitioner
vs
1.The State of Tamil Nadu
Rep. by its Secretary to Government,
Prohibition and Excise Department,
Fort St.George, Chennai-600 009.
2.The Commissioner of Police
Greater Chennai, Chennai - 07.
3.The Inspector of Police,
F1, Chindrapet Police Station,
Chennai.
4.The Superintendent of Prison,
Central Prison, Puzhal, Chennai. .. Respondents
Prayer in HCP No.2060/25 : Petition filed under Article 226 of
Constitution of India praying for issuance of Writ of Habeas Corpus to
call for the records pertaining to the Memo No.573/BCDFGISSSV/2025
1/6
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H.C.P.Nos.2060 & 2134 of 2025
nd
dated 21.08.2025 on the file of the 2 respondent herein to produce the
petitioner’s son Illavarasan @ Sibi, son of Govindaraj, aged 22 years,
now confined in the Central Prison, Puzhal, Chennai, before this Court
and set him at liberty.
HCP No. 2134 of 2025
Kanimozhi, F/A 26,
W/o.Santhosh Kumar @ Vellai Santhosh,
No.94, 4th Floor, G-Block,
K.P.Park, Pulianthope,
Chennai. .. Petitioner
vs
1.The State of Tamil Nadu
Rep. by its Secretary to Government,
Prohibition and Excise Department,
Fort St.George, Chennai-600 009.
2.The Commissioner of Police
Greater Chennai, Chennai - 07.
3.The Superintendent of Prison,
Central Prison, Puzhal, Chennai.
4.The Inspector of Police,
F1, Chindrapet Police Station,
Chennai. .. Respondents
Prayer in HCP No.2134/25 : Petition filed under Article 226 of
Constitution of India praying for issuance of Writ of Habeas Corpus to
call for the records pertaining to the Memo
No.572/BBCDEFGISSSV/2025 dated 21.08.2025 on the file of the 2 nd
respondent herein to produce the petitioner’s husband Santhosh Kumar @
Vellai Santhosh, son of Jayakumar, aged 26 years, now now confined in
the Central Prison, Puzhal, Chennai, before this Court and set him at
liberty.
2/6
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H.C.P.Nos.2060 & 2134 of 2025
(In both)
For Petitioner : Mr.C.K.M.Appaji
For Respondents : Mr.R.Muniyapparaj
Additional Public Prosecutor
assisted by
Mr.M.Sylvester John
COMMON ORDER
(Made by Dr. ANITA SUMANTH, J.)
A common order is passed in the present habeas corpus petitions,
Ilavarasan @ Sibi (detenu in HCP No. 2060/25) and Santhoshkumar @
Vellai Santhosh (detenu in HCP No. 2134/25) are both confined in
Central Prison, Puzhal and their relatives, challenge orders of detention,
both dated 21.08.2025, branding them as ‘Goonda’ under Act 14/1982.
2. Learned counsel for the petitioner would argue that the orders
are vitiated on several grounds and assails them mainly on the delay
between date of arrest and date of order of detention, and the fact that the
Special Report which forms one of the important documents on the basis
of which the order of detention has been passed, has not even been dated.
3. Learned Additional Public Prosecutor, for his part, would
vehemently defend the impugned orders of detention pointing out that the
offences charged as against the detenus are grave in nature.
4. We have heard both learned counsel. The order of arrest in this
case is 21.07.2025 and the order of detention is dated 21.08.2025. There
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H.C.P.Nos.2060 & 2134 of 2025
is, as pointed out by petitioner, a yawning gap between date of arrest and
date of detention which has not been explained, let alone, satisfactorily
explained, by the detaining authority.
5. That apart, we find that the Special Report which is one of the
documents on the basis of which the order of detention has been passed
by the detaining authority, is not even dated. This is yet another reason for
us to come to the conclusion that the basis of the grounds of detention has
not been satisfactorily explained.
6. In light of the aforesaid discussion, this Habeas Corpus Petitions
are allowed and the Detention Orders passed by the second respondent in
Nos.573 & 572/BBCDEFGISSSV/2025, dated 21.08.2025 is set aside.
7. The detenus, viz., Ilavarasan @ Sibi, S/o. Govindaraj, aged 22
years (HCP No. 2060/25), Santhoshkumar @ Vellai Santhosh,
S/o. Jayakumar, aged 26 years (HCP No. 2134/25) who are now confined
in Central Prison, Puzhal, Chennai, are hereby 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.]
16.04.2026
Neutral Citation:Yes
ssm
Note : Issue Today
To
https://www.mhc.tn.gov.in/judis
H.C.P.Nos.2060 & 2134 of 2025
1.The Secretary to Government,
Prohibition and Excise Department,
Fort St.George, Chennai-600 009.
2.The Commissioner of Police
Greater Chennai, Chennai - 07.
3.The Inspector of Police,
F1, Chindrapet Police Station,
Chennai.
4.The Superintendent of Prison,
Central Prison, Puzhal, Chennai.
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.2060 & 2134 of 2025
DR. ANITA SUMANTH,J.
and
SUNDER MOHAN,J.
ssm
H.C.P.Nos. 2060 & 2134 of 2025
16.04.2026
https://www.mhc.tn.gov.in/judis
