Uma vs The State Of Tamilnadu Rep By, The ...
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Madras High Court

Uma vs The State Of Tamilnadu Rep By, The ... on 20 April, 2026

Author: Anita Sumanth

Bench: Anita Sumanth

    2026:MHC:1529


                                                                              H.C.P.No.2240 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.2240 of 2025

                     Uma, F/A 21 years,
                     W/o. Manikandan,
                     No.27, M Block, Dr.Thomas Road,
                     Thiyagaraya Nagar,
                     Chennai – 600 017                                        .. Petitioner

                                                         vs

                     1.The State of Tamil Nadu,
                       Rep. by its Additional Chief Secretary to Govt.,
                       Home, Prohibition and Excise Department,
                       Fort St.George, Chennai-600 009.

                     2.The Commissioner of Police,
                       The Greater Chennai City,
                       Vepery, Chennai - 600 007.

                     3.The Superintendent of Prison,
                       Central Prison, Puzhal,
                       Chennai - 600 066.

                     4.The Inspector of Police,
                       S-8, Adambakkam Police Station,
                       Chennai.                                            .. Respondents

                     Prayer : Petition filed under Article 226 of Constitution of India praying
                     for issuance of Writ of Habeas Corpus calling for the records relating to
                     the detention order in Memo No.551/BBCDEFGISSSV/2025 dated
                     1/5



https://www.mhc.tn.gov.in/judis
                                                                                     H.C.P.No.2240 of 2025
                                                        nd
                     08.08.2025 passed by the 2 respondent under the Tamil Nadu Act 14 of
                     1982 and set aside the same and direct the respondents to produce the
                     petitioner’s husband Thiru.Manikandan @ Dio Mani, S/o. Jayakopal,
                     aged about 30 years, the detenu, now confined in Central Prison, Puzhal,
                     Chennai, before this Court and set him at liberty.

                                  For Petitioner    :        Mr.K.Vijay

                                  For Respondents :          Mr.R.Muniyapparaj
                                                             Additional Public Prosecutor
                                                             assisted by
                                                             Mr.M.Sylvester John

                                                             ORDER

(Made by Dr. ANITA SUMANTH, J.)

The wife of Manikandan @ Dio Mani, S/o. Jayapal, presently in

Central Prison, Puzhal, has filed this petition seeking quash of order of

detention dated 08.08.2025. The detenu was arrested on 19.07.2025 for

the ground case involving offences under Sections 115(2), 118(1), 125,

126(2), 296(b), 309(4), 311, 324(2) and 351(3) BNS, 2023.

2. Learned counsel for petitioner would argue that the subjective

satisfaction of the detaining authority is improper since one of the basis

for the detention is that the detenu will be enlarged on bail for which

purpose the authority relies on an order passed by the Court of Sessions at

Chennai in Crl.M.P.No.20525/24 on 29.07.2024. In that case, we find that

the offences as against that accused were under Sections 126(2), 296(b),

115, 125, 309(4), 311 and 315(2) of BNS, 2023.

https://www.mhc.tn.gov.in/judis

3. While the learned Additional Public Prosecutor would argue that

the offences are sufficiently comparable, we find that in the present case,

the offences under Sections 118(1) and 324(2) relating to voluntarily

causing hurt and mischief do not find part of the array of offences in that

case. The present case is thus graver in nature than the other case and

hence the chances of the detenu being granted bail cannot be compared

with that accused. Since we have found that the subjective satisfaction is

vitiated, the order of detention has necessarily to go.

4. In light of the aforesaid discussion, this Habeas Corpus Petition

is allowed and the Detention Order passed by the second respondent in

No.551/BBCDEFGISSSV/2025, dated 08.08.2025 is set aside.

5. The detenu, viz., Manikandan @ Dio Mani, S/o. Jayapal, aged

30 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.]
                                                                                 20.04.2026
                     Index:Yes/No
                     Neutral Citation:Yes
                     ssm

                     Note : Issue Today

https://www.mhc.tn.gov.in/judis

To

1.The Additional Chief Secretary to Govt., Home, Prohibition and Excise Department, Fort St.George, Chennai-600 009.

2.The Commissioner of Police, The Greater Chennai City, Vepery, Chennai - 600 007.

3.The Superintendent of Prison, Central Prison, Puzhal, Chennai - 600 066.

4.The Inspector of Police, S-8, Adambakkam Police Station, 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

DR. ANITA SUMANTH,J.

and SUNDER MOHAN,J.

ssm

20.04.2026

https://www.mhc.tn.gov.in/judis