Citation : 2026 Latest Caselaw 718 Mad
Judgement Date : 24 February, 2026
H.C.P.(MD)No.1448 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :24.02.2026
CORAM:
THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN
AND
THE HONOURABLE MS.JUSTICE R. POORNIMA
H.C.P.(MD)No.1448 of 2025
Manikandan @ Gundu Manikandan ... Petitioner
-vs-
State of Tamil Nadu
1. The Additional Chief Secretary to Government,
Home, Prohibition and Excise Department,
Chennai-600 009.
2.The District Magistrate and District Collector
Office of the District Collector and District Magistrate
Madurai District
3.The Superintendent of Prison,
Central Prison,
Madurai ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Habeas Corpus, calling for the entire records
connected with the detention order of the second respondent in
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H.C.P.(MD)No.1448 of 2025
BBCDEFGISSSV No.68 of 2025 dated 24.08.2025 and quash the same
and direct the respondents to produce the body or person of the detenu by
name Manikandan @ Gundu Manikandan, son of Gopinath aged about
25 years now detained as “ sexual offender” at Madurai Central Prison
before this Court and set him at liberty forthwith
For Petitioner : Dr.R.Alagumani
For Respondents : Mr.T.Senthil Kumar
Additional Public Prosecutor
ORDER
(Order of the Court was made by G.K. ILANTHIRAIYAN,J.)
The petitioner is the detenu viz., Manikandan @ Gundu
Manikandan, son of Gopinath aged about 25 years. The detenu has been
detained by the second respondent by his order in Detention order in
BBCDEFGISSSV No.68 of 2025 dated 24.08.2025 holding him to be a
"SEXUAL OFFENDER", as contemplated under Section 2(ggg) of Tamil
Nadu Act 14 of 1982. The said order is under challenge in this habeas
corpus petition.
2. We have heard the learned counsel appearing for the
petitioner and the learned Additional Public Prosecutor appearing for the
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respondents. We have also perused the records produced by the Detaining
Authority.
3. The learned counsel appearing for the petitioner raised a
ground that detenu was arrested and remanded to judicial custody on
24.07.2025 and the detention order was passed on 24.08.2025 and as
such there was no proximate link to detain the detenu under Act. 14 of
1982.
4. A perusal of records and the submission of the learned
Additional Public Prosecutor reveals the fact that the detenu is a habitual
offender and he is involved in 12 cases. In the ground case he committed
sexual assault as against 14 years old minor girl, therefore the
sponsoring authority ought to have collect all materials to recommend the
detenu for passing detention order. Further the detention order pass
passed within 30 days from the date of arrest, which cannot be construed
as unexplained delay.
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5. Therefore this Court finds no reason to interfere with the
order of the second respondent and the Habeus Corpus Petition stands
dismissed.
[G.K.I., J.] [R.P., J.]
24.02.2026
NCC :Yes/No
Index: Yes/No
Internet: Yes/No
aav
To
1. The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Chennai-600 009.
2.The District Magistrate and District Collector Office of the District Collector and District Magistrate Madurai District
3.The Superintendent of Prison, Central Prison, Madurai
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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G.K. ILANTHIRAIYAN,J.
AND R. POORNIMA,J.
aav
24.02.2026
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