[Cites 1, Cited by 0]
Madras High Court
Pavithra vs The State Rep By, The Secretary To The ... on 20 April, 2026
Author: Anita Sumanth
Bench: Anita Sumanth
H.C.P.No.2161 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.04.2026
CORAM :
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
and
THE HONOURABLE MR.JUSTICE SUNDER MOHAN
H.C.P.No.2161 of 2025
Pavithra, F/A 25 years,
W/o. Vasanth,
No.10, Velayuthapani Street,
Timiri, Arcot Taluk,
Ranipet District. .. Petitioner
vs
1.The State
Rep. by its Secretary to Government,
Home, Prohibition and Excise Department,
Govt. of Tamil Nadu,
Fort St.George, Chennai-600 009.
2.The District Collector cum District Magistrate,
Ranipet District.
3.The Superintendent of Police,
O/o. Superintendent of Police,
Ranipet District.
4.The Superintendent of Prison,
Central Prison, Vellore,
Vellore District.
5.The Inspector of Police,
Thimiri Police Station,
Ranipet District. .. Respondents
1/5
https://www.mhc.tn.gov.in/judis
H.C.P.No.2161 of 2025
Prayer : Petition filed under Article 226 of Constitution of India praying
for issuance of Writ of Habeas Corpus calling for the records of the 2nd
respondent in connection with order made No.B3/D.O.No.75/2025 dated
30.08.2025, passed against the petitioner’s husband Vasanth @ Kakka
Vasanth aged about 24 years, S/o.Kathirvel who is confined at central
prison, Vellore and quash the same and direct the respondents to produce
the detenu before this Court set him at liberty.
For Petitioner : Mr.S.Thirugnanam
For Respondents : Mr.R.Muniyapparaj
Additional Public Prosecutor
assisted by
Mr.M.Sylvester John
ORDER
(Made by SUNDER MOHAN, J.)
The wife of detenu - Vasanth @ Kakka Vasanth, S/o. Kathirvel,
aged 24 years, has filed this petition challenging the detention order dated
30.08.2025, branding him as ‘Goonda’ under Section 2(f) of the Tamil
Nadu Preventive Detention Act, 1982 (Act 14/1982)
2. We have heard learned counsel for petitioner and learned
Additional Public Prosecutor for respondents.
3. Though several grounds have been raised, we are of the view
that the detention order is liable to be quashed on the ground that the
https://www.mhc.tn.gov.in/judis
satisfaction of the detaining authority as regards the real possibility of the
detenu coming out on bail suffers from non-application of mind.
4. In the grounds of detention, the detaining authority has stated
that the detenu had filed the bail application in Crl.MP.No.1125 of 2025
and the same was dismissed; that he had filed a bail application before
this Court; and that in a similar case, bail was granted by the learned
Principal Sessions Judge, Chennai in Crl.MP.No.26094 of 2024 on
19.09.2024.
5.The detaining authority ought to have seen whether the facts in
the bail order relied upon by him was comparable to the facts of the
instant case. In the instant case, there are admittedly two adverse cases
against the detenu including one under Section 3 of the Tamilnadu Public
Property (Prevention of Damage and Loss) Act, 1992, whereas in the
order relied upon by the detaining authority, the accused therein had one
previous case. The facts in the two cases are not similar and therefore,
the reliance placed by the detaining authority on the said order, vitiates
his subjective satisfaction as regards the possibility of the detenu coming
out on bail. Hence, the detention order is liable to be quashed
6. In light of the aforesaid discussion, this Habeas Corpus Petition
is allowed and the Detention Order passed by the second respondent in
B3/D.O.No.75/2025 dated 30.08.2025 is set aside.
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7. The detenu, viz., Vasanth @ Kakka Vasanth, S/o. Kathirvel, aged
24 years, who is now confined in Central Prison, Vellore, 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.]
20.04.2026
Index:Yes/No
Neutral Citation:Yes/No
ssm/ars
Note : Issue Today
To
1.The Secretary to Government,
Home, Prohibition and Excise Department,
Govt. of Tamil Nadu, Fort St.George, Chennai-600 009.
2.The District Collector cum District Magistrate,
Ranipet District.
3.The Superintendent of Police,
O/o. Superintendent of Police, Ranipet District.
4.The Superintendent of Prison,
Central Prison, Vellore, Vellore District.
5.The Inspector of Police,
Thimiri Police Station, Ranipet District.
6.The Joint Secretary,
Law and Order Department, Secretariat, Chennai
7.The Public Prosecutor,
High Court, Madras.
https://www.mhc.tn.gov.in/judis
DR. ANITA SUMANTH,J.
and
SUNDER MOHAN,J.
ssm/ars
20.04.2026
https://www.mhc.tn.gov.in/judis
