[Cites 1, Cited by 0]
Madras High Court
Gowri vs The Additional Chief Secretary To ... on 20 April, 2026
Author: Anita Sumanth
Bench: Anita Sumanth
HCP No. 2278 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. 2278 of 2025
Tmt.Gowri
W/o.Sundaram,
No.21/11, 9th Street,
Trustpuram,
Kodambakkam,
Chennai District.
..Petitioner(s)
Vs
1. The Additional Chief Secretary to Government,
Home, Prohibition and Excise Department,
Secretariat,
Chennai - 600 009.
2. The Commissioner of Police,
Greater Chennai,
Chennai.
3. The Inspector of Police,
R3, Vadapalani Police Station,
Chennai.
4. The Superintendent of Prison,
Chennai Central Prison, Puzhal,
Chennai.
..Respondent(s)
Prayer: This Habeas Corpus Petition is filed under Article 226 of the
Constitution of India, seeking to issue a Writ of Habeas Corpus or any other
Writ or Order in the nature of writ to call for the records in connection with the
order of detention passed by the second respondent dated 28.08.2025 in
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HCP No. 2278 of 2025
No.612/BBCDEFGISSSV/2025 against the petitioner’s son-in-law
Vasanthakumar, S/o.Ramachandran aged about 31 years, who is confined at
Central Prison, Puzhal and set aside the same and direct the respondents to
produce the detenu before this Honble Court and set him at liberty.
For Petitioner(s): Mr. V. Parthiban
for Mr.P.K.Rajangam
For Respondent(s): Mr. R. Muniyapparaj
Additional Public Prosecutor,
Asst. by Mr.M.Sylvester John
ORDER
(Order of the Court was made by Sunder Mohan J.)
The mother-in-law of detenu - Vasanthakumar, S/o.Ramachandran, aged
31 years, has filed this petition challenging detention order dated 28.08.2025
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.The learned counsel for the petitioner has raised two grounds which
merits acceptance. The first ground raised by the learned counsel is that in the
grounds of detention, the detaining authority has stated that the relatives of the
detenu are taking action to take him out on bail in the ground case. However,
the statement of a relative has only been furnished in the booklet and even that
statement is unsigned.
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4.This Court in HCP No.1684 of 2025, by the order dated 01.04.2026 had
held that a statement recorded under Section 180(3) of BNSS, which does not
require signature, is of no value and that only a signed statement of the relative
would lend credence to the satisfaction of the detaining authority that the
relative is taking steps to file a bail application and there is likelihood of the
detenu being released on bail.
5.Secondly, the detaining authority had relied upon a remand order said to
have been passed on 22.08.2025 to infer that the detenu’s remand was extended
till 12.09.2025. The said order has been furnished in page no.72 of the booklet.
However, it is seen from the copy of the order that there are two corrections as
regard the date of the order and the date till which the remand was extended. In
the foot note, however, it is stated that the corrections were ‘nil’. The detaining
authority ought to have adverted to the said discrepancy and obtained
clarification from the sponsoring authority to satisfy himself as regards the
genuineness of the said remand order. The detaining authority however, had
mechanically relied upon the said order.
6.For both the reasons, we are of the view that the impugned order is
liable to be set aside.
7. In light of the aforesaid discussion, this Habeas Corpus Petition is
allowed and the Detention Order passed by the second respondent in
BBCDEFGISSSV No.612/2025 dated 28.08.2025 is set aside.
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8. The detenu, viz., Vasanthakumar, S/o. Ramachandran, aged 31 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
Speaking/Non-speaking order
Neutral Citation: Yes/No
TSG
Note: Issue order copy on 20.04.2026
To
1. The Additional Chief Secretary to Government,
Home, Prohibition and Excise Department,
Secretariat,
Chennai - 600 009.
2. The Commissioner of Police,
Greater Chennai,
Chennai.
3. The Inspector of Police,
R3, Vadapalani Police Station,
Chennai.
4. The Superintendent Of Prison,
Chennai Central Prison, Puzhal,
Chennai.
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DR.ANITA SUMANTH, J.
AND
SUNDER MOHAN, J.
TSG
20-04-2026
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