[Cites 2, Cited by 0]
Madras High Court
Selvarani vs State Of Tamilnadu, Rep.By Its ... on 16 April, 2026
Author: Anita Sumanth
Bench: Anita Sumanth
2026:MHC:1486
HCP No. 2201 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16-04-2026
CORAM
THE HON'BLE DR.JUSTICE ANITA SUMANTH
AND
THE HON'BLE MR.JUSTICE SUNDER MOHAN
HCP No. 2201 of 2025
Selvarani
W/o.Ayyadurai,
No.20, Bharathi Nagar 2nd street,
Ramanathapuram,
Coimbatore-641045.
..Petitioner(s)
Vs
1. State of Tamilnadu, Rep.by its Secretary to Govt.,
Home, Prohibition and Excise Dept.,
Fort St.George, Chennai.
2. The Commissioner of Police/Detaining
Authority,
Coimbatore City.
3. Superintendent of Prison,
Central Prison,
Coimbatore.
4. Inspector of Police,
All Women Police Station (South),
Coimbatore City.
..Respondent(s)
Prayer: Habeas Corpus Petition filed under Article 226 of Constitution of
India for issuance of a WRIT OF HABEAS CORPUS or any other appropriate
writ or order in the nature of writ call for records in connection with the order of
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HCP No. 2201 of 2025
detention passed by the 2nd respondent made in his order C.No.101/G/IS/2025
dated on 19.06.2025 against the petitioner’s son A.Ayyadurai,
S/o.Arumugasamy aged about 43 years who is confined at central prison,
Coimbatore, under Tamilnadu Act 14 of 1982 as GOONDA and to quash the
same and direct the respondents to produce the detenue A.Ayyadurai,
S/o.Arumugasamy aged about 43 years before this Hon’ble Court and set him at
liberty.
For Petitioner(s): Mr.G.D.Pon Prabhakaran
For Respondent(s): Mr.R.Muniyapparaj
Additional Public Prosecutor
Assisted By
Mr. M. Sylvester John
ORDER
(Order of the Court was made by Dr.Anita Sumanth J.)
We have heard Mr.G.D.Pon Prabhakaran, learned counsel for the
petitioner and Mr.R.Muniyapparaj, learned Additional Public Prosecutor
assisted by Mr.M.Sylvester John, learned counsel for the respondents.
2. One A.Ayyadurai, S/o.Arumugasamy, has been detained branding him
as Sexual Offender under Section 2(ggg) of the Tamil Nadu Act 14 of 1982 (in
short ‘Act’) and his wife has approached this Court seeking quash of the order
of detention dated 19.06.2025.
3. The main ground argued by the learned counsel for the petitioner is
that the detention order is invalid, since the detenu has not made any attempt
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whatsoever to be enlarged on bail. In fact, the case cited by the detaining
authority in C.M.P.No.34 of 2024 dated 08.01.2024 to support his apprehension
that the detenu may be enlarged on bail is not even comparable to the facts and
circumstances of the present case.
4. Learned Additional Public Prosecutor would defend the order of
detention strongly.
5. Having heard both learned counsel and having perused the order
passed in C.M.P.No.34 of 2024 passed by the Principal Special Court for
Exclusive Trial of Cases under Pocso Act, Combatore dated 08.01.2024, we
find that the bail in that case has been granted since charge sheet was not filed
in time, whereas, in the present case, there is not even a bail application that has
been filed. Even if it were to be, the order passed on 08.01.2024 would not
come to the aid of the detenu as bail has been granted in that case on a different
set of circumstances. Since the detaining authority has cited the order passed on
08.01.2024 in C.M.P.No.34 of 2024 in support of his subjective satisfaction, the
same is now found to be vitiated and the goes to the root of the matter vitiating
the order of detention.
6. In light of the aforesaid discussion, this Habeas Corpus Petition is
allowed and the Detention Order passed by the second respondent in
C.No.101/G/IS/2025 dated 19.06.2025 is set aside.
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7. The detenu, viz., A.Ayyadurai, S/o.Arumugasamy, male aged 43 years,
who is now confined in Central Prison, Coimbatore, is 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.)
16-04-2026
sl
Index: Yes/No
Speaking order
Neutral Citation: Yes
Note to Registry: Issue Today.
To
1. State of Tamilnadu, Rep.by its Secretary to Govt.,
Home, Prohibition and Excise Dept.,
Fort St.George, Chennai.
2. The Commissioner of Police/Detaining Authority,
Coimbatore City.
3. Superintendent of Prison,
Central Prison,
Coimbatore.
4. Inspector of Police,
All Women Police Station (South),
Coimbatore City.
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
16-04-2026
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