[Cites 3, Cited by 0]
Madras High Court
Kavitha vs The Secretary To The Government, on 20 April, 2026
Author: Anita Sumanth
Bench: Anita Sumanth
HCP No. 2204 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20-04-2026
CORAM
THE HON'BLE DR.JUSTICE ANITA SUMANTH
AND
THE HON'BLE MR.JUSTICE SUNDER MOHAN
HCP No. 2204 of 2025
Kavitha
W/o. Marimuthu,
No.513a, Indra Nagar,
Thottiyampatti,
Pon-Puthupatti,
Ponmaravathi, Pudukottai District.
..Petitioner(s)
Vs
1. The Secretary To The Government,
Home Prohibition And Excise Department,
Government of Tamil Nadu, Secretariat, Fort
St.George, Chennai-600 009.
2. The Commissioner Of Police/ Detaining
Authority, Coimbatore City, Coimbatore.
3. The Superintendent Of Prison
Central Prison- Coimbatore, Coimbartore
District.
4. The State rep by its The Inspector of Police
All Women Police Station (Central),
Coimbatore District.
..Respondent(s)
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Prayer : Petition filed under Article 226 of Constitution of India praying
for issuance of Writ of Habeas Corpus to call for the entire records,
relating to the petitioner’s husband detention under Tamil Nadu Act 14 of
1982 vide petitioner’s husband detention order dated 25.08.2025 on the
file of the second respondent herein made in proceedings
C.No.145/G/IS/2025, quash the same as illegal and consequently direct
the respondents herein to produce the petitioner’s husband C.Marimuthu,
S/o. Chinnaiya, aged 34 years before this Court and set the petitioner’s
husband at liberty from, detention, now the petitioner’s husband detained
at Central Prison, Coimbatore.
For Petitioner(s): Mr.D.Akash Kumar
for Mr.W.Camyles Gandhi
For Respondent(s): Mr. R. Muniyapparaj,
Additional Public Prosecutor
Assisted By Mr. M. Sylvester John
Order
(Order of the Court was made by Sunder Mohan J.)
The wife of detenu - C.Marimuthu, S/o. Chinnaiya, aged 34 years,
has filed this petition challenging the detention order dated 25.08.2025,
branding him as ‘Sexual Offender’ under Section 2(ggg) of the Tamil
Nadu Preventive Detention Act, 1982 (Act 14/1982).
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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.
4. In paragraph No.7 of the grounds of detention the detaining
authority had observed that the detenue filed a bail application before the
Additional Mahila Court, Special Court for Exclusive Trial of Cases
under the POCSO Act, Coimbatore in CMP No.536 of 2025; that the
same was pending; and that in a similar case in CMP No.260 of 2020 by
the order dated 04.06.2020, the Principal Sessions Judge, Special Court
for Exclusive Trial of Cases under the POCSO Act, had granted bail.
5. However, on perusal of the said order in CMP No.260 of 2020,
which is furnished in the booklet, we find that the bail was granted under
Section 167(2) of the Cr.P.C. as the police in that case had not filed the
final report within the time stipulated and not on merits. Therefore, the
reliance placed on the said order by the detaining authority to arrive at the
satisfaction that there is a real possibility of the detenu coming out on bail
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is misconceived. The inference that the detenu is likely to be released on
bail and consequently, would indulge in further criminal activities also is
without any basis. 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
C.No.145/G/IS/2025 dated 25.08.2025 is set aside.
7. The detenu, viz., C.Marimuthu, S/o. Chinnaiya, aged 34 years,
who is now confined in Central Prison, Coimbatore, 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
Speaking/Non-speaking order
Neutral Citation: Yes/No
ssm/ars
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To
1. The Secretary To The Government,
Home Prohibition And Excise Department, Government of Tamil
Nadu, Secretariat, Fort St.George, Chennai-600 009.
2. The Commissioner Of Police/ Detaining Authority
Coimbatore City, Coimbatore.
3. The Superintendent Of Prison
Central Prison- Coimbatore, Coimbartore District.
4. The State rep by its The Inspector of Police
All Women Police Station (Central),
Coimbatore District.
5. The Public Prosecutor,
High Court, Madras.
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https://www.mhc.tn.gov.in/judis
DR.ANITA SUMANTH J.
AND
SUNDER MOHAN J.
ssm/ars
20-04-2026
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https://www.mhc.tn.gov.in/judis
