Lakshmi vs State Of Tamilnadu, Rep.By,
2026 Latest Caselaw 2086 Mad

Madras High Court

Lakshmi vs State Of Tamilnadu, Rep.By, on 21 April, 2026

Author: Anita Sumanth

Bench: Anita Sumanth

    2026:MHC:1564
                                                                     HCP No. 2312 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. 2312 of 2025

                Lakshmi
                W/o.Soundhar,
                No.1/182, Kannagi Nagar,
                Melpappampadi, Gingee Circle,
                Villupuram District-600 039.
                                                                         ..Petitioner(s)

                                                      Vs

                1. State Of Tamilnadu, Rep.By,
                   The Additional Chief Secretary To Government,
                   Home, Prohibition And Excise Department,
                   Fort St.George,
                   Chennai-600 009.
                2. The Commissioner Of Police
                   The Grater Chennai City,
                   Chennai.
                3. The Superintendent Of Prison,
                   Central Prison,
                   Puzhal,
                   Chennai-600 066.
                4. The Circle Inspector Of Police,
                   Railway Police Circle Egmore,
                   Chennai.
                                                                       ..Respondent(s)


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                                                                                  HCP No. 2312 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 direction

                calling for the records relating to the detention order in Memo

                No.562/BBCDEFGISSSV/2025, dated 18.08.2025 passed by the 2 nd respondent

                under the Tamilnadu Act 14 of 1982 and set aside the same as illegal and direct

                the respondents to produce the petitioners HUSBAND SOUNDHAR @

                BABAJI S/o.Perumal aged about 26 years, the detenue, as Goonda now he is

                confined in Central Prison, Puzhal, Chennai before this Honble Court and set

                him at liberty.


                           For Petitioner(s):      Mr. K. Mohan
                                                   for M/s.J.Ganapathi

                           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.)

Soundhar @ Babaji, S/o Perumal, was branded as a Goonda having come

to adverse notice in some matters. An order of detention was passed against him

on 18.08.2025 and it is challenging the aforesaid that his wife has approached

this Court vide the present petition seeking a quash of the detention order.

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2.We have heard Mr.K.Mohan for Mr.J.Ganapathi, learned counsel for

the petitioner and Mr.R.Muniyapparaj, learned Additional Public Prosecutor for

the respondents.

3.The main ground urged by learned counsel for the petitioner is that the

satisfaction of the detaining authority to the effect that the detenu will be

released on bail is entirely misplaced and reliance on the order passed in

Crl.M.P.No.3711 of 2025 is erroneous.

4. We have perused the order passed on 17.07.2025 in Crl.M.P.No.3711

of 2025. In that case, the accused was remanded to judicial custody for alleged

offence under Section 304(2) of the BNS. However, there is an array of other

offences charged against the detenu in the present case as well, being Sections

304(2), 75 and 79 of the BNS and Section 4 of the Tamil Nadu Prohibition of

Harassment of Women Act, 2002. Hence, the offences are different and the

subjective satisfaction of the authority relying upon order dated 17.07.2025 is

found to be misconceived, as rightly projected by the learned counsel for the

petitioner.

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

allowed and the Detention Order passed by the second respondent in

No.562/BBCDEFGISSSV/2025, dated 18.08.2025, is set aside.

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6. The detenu, viz., Soundar @ Babaji, S/o. Perumal, aged 26 years, now

confined in Central Prison, Puzhal, Chennai, 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.

To

1. The Additional Chief Secretary To Government, Home, Prohibition And Excise Department, Fort St.George, Chennai-600 009.

2. The Commissioner Of Police The Grater Chennai City, Chennai.

3. The Superintendent Of Prison, Central Prison, Puzhal, Chennai-600 066.

4. The Circle Inspector Of Police, Railway Police Circle Egmore, Chennai.

5. The Public Prosecutor, High Court of Madras.

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

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DR.ANITA SUMANTH J.

AND SUNDER MOHAN J.

vs

21-04-2026

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