[Cites 1, Cited by 0]
Madras High Court
Uma Maheshwari vs The State Rep By Its The Secretary To The ... on 16 April, 2026
Author: Anita Sumanth
Bench: Anita Sumanth
H.C.P.Nos.2107 & 2286 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.2107 & 2286 of 2025
Uma Maheshwari (F/47),
W/o. Arumugam,
Door No.732, N Block,
New Housing Unit, Ammankulam,
Puliyakulam, Coimbatore. .. Petitioner in HCP.No.2107/2025
Hariharan (M/23),
S/o. Suresh,
Door No.182, D Block,
New Housing Unit, Ammankulam,
Puliyankulam, Coimbatore. .. Petitioner in HCP.No.2286/2025
vs
1.The State rep. by its,
The Secretary to Government,
Home, Prohibition and Excise (XVI) Dept.,
Fort St.George, Secretariat, Chennai-600 009.
2.The Commissioner of Police/Detaining Authority,
Office of the Commissioner of Police,
Coimbatore City.
3.The Superintendent of Prison,
Central Prison at Coimbatore,
Gandhipuram, Coimbatore-641 012.
1/6
https://www.mhc.tn.gov.in/judis
H.C.P.Nos.2107 & 2286 of 2025
4.The Inspector of Police,
C-2, Race Course Police Station,
Coimbatore District. .. Respondents in both HCPs
Prayer in HCP.No.2107 of 2025: Petition filed under Article 226 of
Constitution of India praying for issuance of Writ of Habeas Corpus
calling for the records in Detention order in C.No.142/G/IS/2025 dated
21.08.2025 on the file of the 2nd respondent and set aside the same and
direct the respondents herein to produce the Son of the petitioner/ detenu
Mr.A.Sakthivel S/o Arumugam aged 21 years now confined in Central
Prison at Coimbatore before this Court and set him at liberty.
Prayer in HCP.No.2286 of 2025: Petition filed under Article 226 of
Constitution of India praying for issuance of Writ of Habeas Corpus
calling for the records in Detention order in C.No.143/G/IS/2025 dated
21.08.2025 on the file of the 2nd respondent and set aside the same and
direct the respondents herein to produce the petitioner’s brother / Detenu
Mr.S.Sankar S/o Suresh aged about 21 years now confined in Central
Prison at Coimbatore before this Court and set him at liberty.
(In both HCPs)
For Petitioners : Ms.R.Subadra Devi
For Respondents : Mr.R.Muniyapparaj
Additional Public Prosecutor
assisted by
Mr.M.Sylvester John
COMMON ORDER
(Made by SUNDER MOHAN, J.)
The relatives of two detenus who are co-accused in the ground case
have filed the above petitions challenging their respective detention
orders both dated 21.08.2026 branding them as ‘Goonda’ under Section
2(f) of the Tamil Nadu Preventive Detention Act, 1982 (in short, ‘Act’).
https://www.mhc.tn.gov.in/judis
H.C.P.Nos.2107 & 2286 of 2025
2.Heard the learned counsel for the petitioners and the learned
Additional Public Prosecutor for the respondents.
3.Common grounds have been raised by the learned counsel for the
petitioners. The learned counsel for the petitioners would submit that in
both the cases the detenus had not filed any bail applications and the
detaining authority had relied upon an unsigned statement from their
relatives to infer that the detenus are likely to file the bail application,
which is contrary to the orders passed by this Court in HCP No.1684 of
2025.
4.Secondly, the learned counsel submitted that the detaining
authority had relied upon an order passed in CMP.No.1710 of 2022 dated
11.04.2022 by the learned Principal District and Sessions Judge,
Coimbatore, wherein the facts are not similar to the facts in the ground
case. In the said case, the bail was granted to the accused therein on the
ground that the victim had not sustained any serious injury whereas in
this case, the victim had sustained a head injury.
5.Thirdly the learned counsel submitted that pages Nos.33 to 35 of
the booklet which are portions of the final report in the adverse case has
not been translated in the language known to the detenu, thereby denying
an opportunity to the detenu to make effective representation.
https://www.mhc.tn.gov.in/judis
H.C.P.Nos.2107 & 2286 of 2025
6.We are satisfied that the learned counsel for the petitioners is
justified in her submissions and on perusal of the records, we find that the
detention order is liable to be quashed on all the above three grounds
raised by the learned counsel for the petitioners.
7.In light of the aforesaid discussion, these Habeas Corpus
Petitions are allowed and the Detention Orders passed by the second
respondent in C.No.142/G/IS/2025 (HCP.No.2107 of 2025) and
C.No.143/G/IS/2025 (HCP.No.2286 of 2025) both dated 21.08.2025, are
set aside.
8.The detenus, viz., A.Sakthivel, S/o. Arumugam, aged 21 years
(HCP.No.2107 of 2025) and S.Sankar, S/o. Suresh, aged 21 years
(HCP.No.2286 of 2025), who are now confined in Central Prison,
Coimbatore, 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
vs
Index:Yes/No
Speaking order/Non-speaking order
Neutral Citation:Yes/No
vs
Note to Registry: Issue Today.
https://www.mhc.tn.gov.in/judis
H.C.P.Nos.2107 & 2286 of 2025
To
1.The Secretary to Government,
Home, Prohibition and Excise (XVI) Dept.,
Fort St.George, Secretariat, Chennai-600 009.
2.The Commissioner of Police/Detaining Authority,
Office of the Commissioner of Police,
Coimbatore City.
3.The Superintendent of Prison,
Central Prison at Coimbatore,
Gandhipuram, Coimbatore-641 012.
4.The Inspector of Police,
C-2, Race Course 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.2107 & 2286 of 2025
DR. ANITA SUMANTH,J.
and
SUNDER MOHAN,J.
vs
H.C.P.Nos.2107 & 2286 of 2025
16.04.2026
https://www.mhc.tn.gov.in/judis
