Dhanalakshmi vs The Secretary To Government
2026 Latest Caselaw 2073 Mad

Citation : 2026 Latest Caselaw 2073 Mad
Judgement Date : 21 April, 2026

[Cites 1, Cited by 0]

Madras High Court

Dhanalakshmi vs The Secretary To Government on 21 April, 2026

Author: Anita Sumanth

Bench: Anita Sumanth

2026:MHC:1561
HCP No. 2361 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21-04-2026

CORAM

THE HON'BLE DR.JUSTICE ANITA SUMANTH

AND

THE HON'BLE MR.JUSTICE SUNDER MOHAN

HCP No. 2361 of 2025

Dhanalakshmi
W/o.Palani,
No.22/A, periyar Nagar, Karthikeyapuram Road,
Tiruttani, Tiruvallur District.
..Petitioner(s)

1. The Secretary to Government
Home, Prohibition and Excise Department,
Secretariat, Chennai-09
2. The District Magistrate and
District Collector,
Tiruvallur District,
Tiruvallur.
3. The Superintendent of Police,
Tiruvallur District,
Tiruvallur.
4. The Superintendent of Prison
Central prison-II, Puzhal, Chennai-66.
5. The Inspector of police
Tiruttani Police Station,
Tiruvallur District.
..Respondent(s)

__________
Page1 of 5
https://www.mhc.tn.gov.in/judis
HCP No. 2361 of 2025

Prayer: Habeas Corpus petition filed under article 226 of Constitution of
India for issuance of a writ of Habeas Corpus or any other writ or order in the
nature of writ call for the records in connection with the order of detention
passed by the second respondent dated 12.08.2025 in Detention order
No.24/2025 against the petitioner’s son namely Vicky @ Vignesh , male aged
26 years, S/o.Palani, who is confined at Central Prison II, Puzhal, Chennai and
set aside the same and direct the respondent to produce the detenue before the
Hon’ble Court and set him at liberty.

For Petitioner(s): Ms.M.Kokila

For Respondent(s): Mr. R.Muniyapparaj
Additional Public Prosecutor
Assisted By
Mr. M.Sylvester John
ORDER

(Order of the Court was made by Dr.Anita Sumanth J.)

Vicky @ Vignesh, S/o. Palani, has been branded as a Drug Offender and

detained under Central Prison, Puzhal, Chennai – 600 066 under order dated

12.08.2025. His mother has approached this Court seeking his release.

2. Ms.Kokila, learned counsel appearing for the petitioner assails the

order on several grounds and Mr.R.Muniyapparaj, learned Additional Public

Prosecutor would defend the detention vehemently.

3.Having heard both learned counsel, we are of the considered view that

the petitioner has to succeed. One of the grounds on which the detention is

ordered is the apprehension that the detenu may be enlarged on bail. For this

__________ Page2 of 5 https://www.mhc.tn.gov.in/judis

purpose the detaining authority has relied on bail granted in Crl.O.P.No.25959

of 2024 on 21.10.2024 by this Court. However, we find that the facts and

circumstances under which bail is granted in that case are different, in that,

there is a clear finding in para 6 of that order that accused has no previous case,

whereas in the present case, the detenu has 2 adverse cases. Hence, the

possibility of the detenu being enlarged on bail ought not to have been

compared by the detaining authority with that case, and his subjective

satisfaction stands vitiated.

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

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

Order.No.24/2025, dated 12.08.2025, is set aside.

5. The detenu, viz., Vicky @ Vignesh, S/o. Palani, aged 26 years, now

confined in Central Prison-II, Puzhal, Chennai-600 066, is 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.)
                                                                               21-04-2026
                vs
                Index: Yes/No
                Speaking order
                Neutral Citation: Yes

Note to Registry : Issue Today.

__________ Page3 of 5 https://www.mhc.tn.gov.in/judis

1. The Secretary to Government Home, Prohibition and Excise Department, Secretariat, Chennai-09

2. The District Magistrate and District Collector, Tiruvallur District, Tiruvallur.

3. The Superintendent of Police, Tiruvallur District, Tiruvallur.

4. The Superintendent of Prison Central prison-II, Puzhal, Chennai-66.

5. The Inspector of police Tiruttani Police Station, Tiruvallur District.

6. The Public Prosecutor, High Court of Madras.

7. The Joint Secretary to Government, Public (Law and Order), Fort St.George, Chennai-9.

__________ Page4 of 5 https://www.mhc.tn.gov.in/judis

DR.ANITA SUMANTH J.

AND SUNDER MOHAN J.