[Cites 1, Cited by 0]
Madras High Court
Santhiya vs State Of Tamilnadu Rep By Additional ... on 20 April, 2026
Author: Anita Sumanth
Bench: Anita Sumanth
H.C.P.No.2143 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.2143 of 2025
Santhiya, F/28 years,
W/o Subashrajan
No.5, Perumal Kovil Street,
Varichikudi Village, Kotticgerry Post,
Karaikkal District,
Pondicherry State .. Petitioner
vs
1.The State of Tamil Nadu
Rep. by its Additional Chief Secretary to Government,
Home, Prohibition and Excise Department,
Fort St.George, Chennai-600 009.
2.The District Collector and District Magistrate,
Mailaduthurai District, Mailaduthurai.
3.The Superintendent of Police,
Mailaduthurai District, Mailaduthurai.
4.The Superintendent of Prison,
Central Prison, Cuddalore.
5.The Inspector of Police,
Sirkazhi Police Station,
Mailaduthurai District. .. Respondents
1/5
https://www.mhc.tn.gov.in/judis
H.C.P.No.2143 of 2025
Prayer : Petition filed under Article 226 of Constitution of India praying
for issuance of Writ of Habeas Corpus to call for the records relating to
the detention order dated 25.08.2025 passed by the 2 nd respondent in his
proceedings No. C.O.C.No.37/2025 and quash the same and direct the
respondents herein to produce the petitioner’s husband namely Subash
(Rajan) son of Easwaran aged about 28 years, who is presently under
going detention in the Central Prison, Cuddalore as Bootlegger before
this Court and set him at liberty forthwith.
For Petitioner : Mr.M.Vinoth
for M/s. R.Sridharan
S.Yogarajasekar
For Respondents : Mr.R.Muniyapparaj
Additional Public Prosecutor
assisted by
Mr.M.Sylvester John
ORDER
(Made by SUNDER MOHAN, J.)
The wife of detenu - Subash (Rajan), S/o. Eshwaran, aged 28
years, has filed this petition challenging detention order dated
25.08.2025, branding him as ‘Bootlegger’ under Section 2(b) 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
satisfaction of the detaining authority as regards the real possibility of the
detenu coming out on bail suffers from non-application of mind.
https://www.mhc.tn.gov.in/judis
4. The detaining authority has observed in the grounds of detention
that the bail application filed by the detenu was dismissed on 14.08.2025
by the learned District and Sessions Judge, Mayiladuthurai in
Crl.M.P.Nos.1089 and 1090 of 2025 and that the detenu had filed the bail
application before this Court in Crl.OP.No.23260 of 2025 and the same
was pending.
5. The detaining authority has referred to two orders viz., in
Crl.MP.No.997 of 2022 dated 25.04.2022 passed by the learned Principal
District and Sessions Judge, Nagapattinam and in Crl.MP.No.2349 of
2024 dated 07.12.2023 passed by the learned District and Sessions Judge,
Mayiladuthurai, to arrive at the satisfaction that the detenu is likely to be
released on bail.
6. The detaining authority therefore has relied upon two orders
passed by the District Courts at Nagapattinam and Mayiladuthurai, to
infer that the detenu is likely to be released on bail. The reliance placed
on those two orders passed by the District Courts would be inappropriate
since admittedly in this case, the District Court had dismissed the bail
application of the detenu on facts. Therefore, the inference that the detenu
is likely to be released on bail and consequently, would indulge in further
criminal activities, is vitiated. Hence, the detention order is liable to set
aside.
https://www.mhc.tn.gov.in/judis
7. In light of the aforesaid discussion, this Habeas Corpus Petition
is allowed and the Detention Order passed by the second respondent in
C.O.C.No.37/2025 dated 25.08.2025 is set aside.
8. The detenu, viz., Subash (Rajan), S/o. Eshwaran, aged 28 years,
who is now confined in Central Prison, Cuddalore, 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 Additional Chief Secretary to Government,
Home, Prohibition and Excise Department,
Fort St.George, Chennai-600 009.
2.The District Collector and District Magistrate,
Mailaduthurai District, Mailaduthurai.
3.The Superintendent of Police,
Mailaduthurai District, Mailaduthurai.
4.The Superintendent of Prison,
Central Prison, Cuddalore.
5.The Inspector of Police,
Sirkazhi Police Station,
Mailaduthurai District.
https://www.mhc.tn.gov.in/judis
DR. ANITA SUMANTH,J.
and
SUNDER MOHAN,J.
ssm/ars
6.The Joint Secretary,
Law and Order Department, Secretariat, Chennai
7.The Public Prosecutor,
High Court, Madras.
20.04.2026
https://www.mhc.tn.gov.in/judis
