[Cites 3, Cited by 0]
Madras High Court
A. Nizar vs The State Rep By Its The Secretary To ... on 20 April, 2026
Bench: S. M. Subramaniam, Krishnan Ramasamy
H.C.P.No.486 of 2026
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.486 of 2026
A.Nizar (M/36),
S/o. Anurao,
Door No.14/11 A, Bharathi Nagar, 5th Street,
Ganapathy, Coimbatore East – 641 006
now confining at Central Prison,
Coimbatore. .. Petitioner
vs
1.The State rep. by its
The Secretary to Government,
Home, Prohibition and Excise (XVI) Department,
Fort St.George,
Secretariat,
Chennai-600 009.
2.The Commissioner of Police,
Office of the Commissioner of Police,
Coimbatore City.
3.The Superintendent of Prison,
Central Prison at Coimbatore.
4.The Inspector of Police,
All Women Police Station (East),
Coimbatore City. .. Respondents
1/5
https://www.mhc.tn.gov.in/judis
H.C.P.No.486 of 2026
Prayer : Petition filed under Article 226 of Constitution of India praying
for issuance of Writ of Habeas Corpus to call for the records in Detention
No.C.No.90/G/IS/2025 dated 26.05.2025 on the file of the 2 nd respondent
and set aside the same and direct the respondents herein to produce the
petitioner / detenu A.Nizar, S/o. Anurao, aged 36 years, now confined in
Central Prison, Coimbatore before this Court and set him at liberty.
For Petitioner : Mr.Mohamed Saifulla
For Respondents : Mr.R.Muniyapparaj
Additional Public Prosecutor
assisted by
Mr.M.Sylvester John
ORDER
(Made by SUNDER MOHAN, J.)
The detenu - A.Nizar, S/o. Annurao, aged 36 years, has filed this
petition challenging detention order dated 26.05.2025, branding him as
‘Sexual Offender’ under Section 2(ggg) 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. In paragraph No.7 of the grounds of detention the detaining
authority had observed that the detenue had not filed any bail application;
that the wife of the detenue was taking steps to bring him out on bail, as
evident from her statement; 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
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.90/G/IS/2025 dated 26.05.2025 is set aside.
https://www.mhc.tn.gov.in/judis
7. The detenu, viz., A.Nizar, S/o. Annurao, aged 36 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
Neutral Citation:Yes/No
ssm/ars
Note : Issue Today
To
1.The Secretary to Government,
Home, Prohibition and Excise (XVI) Department,
Fort St.George,
Secretariat, Chennai-600 009.
2.The Commissioner of Police,
Office of the Commissioner of Police,
Coimbatore City.
3.The Superintendent of Prison,
Central Prison at Coimbatore.
4.The Inspector of Police,
All Women Police Station (East), Coimbatore City.
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/ars
20.04.2026
https://www.mhc.tn.gov.in/judis
