[Cites 1, Cited by 0]
Madras High Court
Lalitha vs The Secretary To The Government on 12 March, 2026
Author: Anita Sumanth
Bench: Anita Sumanth
2026:MHC:1029
HCP No. 2719 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12-03-2026
CORAM
THE HON'BLE DR.JUSTICE ANITA SUMANTH
AND
THE HON'BLE MR.JUSTICE SUNDER MOHAN
HCP No. 2719 of 2025
Lalitha
W/o.Mani,
Nethaji Nagar, Chakarakuppam Post,
Tirupathur Town,
Tirupathur District. ..Petitioner(s)
Vs
1. The Secretary to the Government,
Home Prohibition and Excise Department,
Secretariat, Chennai 600 009
2. The District Collector and
District Magistrate, Tirupathur district,
Tirupathur.
3. The Superintendent of Police,
Tirupathur District, Tirupathur.
4. The Superintendent of Prison,
Central Prison, Vellore.
5. The Inspector of Police,
Jolarpet Police Station, Tirupathur, District.
..Respondent(s)
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 30.06.2025 in
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HCP No. 2719 of 2025
C3/D.NO.25/2025 against the petitioner Grand Son Gandhirajan, male aged 30
years, S/o.Sivakumar, who is confined at Central Prison, Vellore and set aside
the same and direct the respondents to produce the detenue before the Hon’ble
Court and set him at Liberty.
For Petitioner(s): Mr.P.Raman
for Mr. D.Balaji
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.)
We have heard Mr.P.Raman, learned counsel for Mr. D.Balaji, learned
counsel for the petitioner and Mr.Muniyapparaj, learned Additional Public
Prosecutor assisted by Mr.Sylvester John, learned counsel for the respondents.
2. We find no justification to sustain the impugned detention order dated
30.06.2025, whereunder the detenu Gandhirajan, male aged 30 years,
S/o.Sivakumar, has been branded as a Goonda in terms of Section 2(f) of the
Tamil Nadu Preventive Detention Act, 1982 (Tamil Nadu Act 14 of 1982) (in
short ‘Act’). Prior thereto, he was arrested on 02.06.2025.
3. Barring the ground case under Sections 329(4), 309(6) and 351(3) of
the Bharatiya Nyaya Sanhita, 2023 and there are other cases relating to theft.
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4. The primary ground on which the detention order has been passed is
that the Detaining Authority claims to have received information ‘from a
reliable source’ to the effect that the detenu intends to move a bail application
through his relative.
5. However, we do not find any material to justify this statement. No
statement has been recorded from any relative or friend that would justify his
apprehension and hence, the ground on which the detention order has been
passed would itself fail, as the satisfaction preceding it is baseless.
6. In light of the aforesaid, this Habeas Corpus Petition is allowed and the
Detention Order passed by the second respondent in C3/D.O.No.25/2025 dated
30.06.2025 is hereby set aside.
7. The detenu, viz., Gandhirajan, S/o.Sivakumar, male aged 30 years,
who is now confined in Central Prison, Vellore, 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.)
12-03-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
sl
Note: Registry is directed to issue a copy of this order today.
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DR.ANITA SUMANTH J.
AND
SUNDER MOHAN J.
sl
To
1. The Secretary to the Government,
Home Prohibition and Excise Department, Secretariat, Chennai 600 009
2. The District Collector and
District Magistrate, Tirupathur district, Tirupathur.
3. The Superintendent of Police,
Tirupathur District, Tirupathur.
4. The Superintendent of Prison,
Central Prison, Vellore.
5. The Inspector of Police,
Jolarpet Police Station, Tirupathur, District.
6. The Public Prosecutor,
High Court of Madras.
7. The Joint Secretary to Government,
Public (Law and Order),
Secretariat, Fort.St.George, Chennai -9.
12-03-2026
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