Raman vs The Secretary To The Government on 13 March, 2026

Author: Anita Sumanth

Bench: Anita Sumanth

    2026:MHC:1057


                                                                             H.C.P.Nos. 1672, 1673 & 1687 of 2025


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED: 13.03.2026

                                                        CORAM :

                                  THE HONOURABLE DR.JUSTICE ANITA SUMANTH
                                                    and
                                  THE HONOURABLE MR.JUSTICE SUNDER MOHAN

                                        H.C.P.Nos. 1672, 1673 & 1687 of 2025

                     H.C.P.No. 1672 of 2025

                     Raman, M/A 55
                     son of Govindhasami,
                     No.188, Palleri Village,
                     Vasur Post, Walaja Taluk,
                     Ranipet District.                                                      .. Petitioner

                                                               vs

                     1.The Secretary to the Government,
                       Home, Prohibition and Excise Department,
                       Fort St.George, Secretariat,
                       Chennai – 600 009.

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

                     3.The Superintendent of Prison,
                       Central Prison, Puzhal, Chennai – 66.

                     4.The Superintendent of Police,
                       Ranipet District, Ranipet.

                     5.The Inspector of Police,
                       Sholinghur Police Station,
                       Ranipet District.
                                                                                              .. Respondents
                     1/8



https://www.mhc.tn.gov.in/judis              ( Uploaded on: 13/03/2026 06:57:32 pm )
                                                                             H.C.P.Nos. 1672, 1673 & 1687 of 2025


                     Prayer in HCP 1672 of 2025 : Petition filed under Article 226 of the
                     Constitution of India praying to issue a writ of habeas corpus to call for
                     the records in connection with the order of detention passed by the 2 nd
                     respondent dated 15.7.2025 in B3/D.O.No.61/2025 against the son of the
                     petitioner Prabhu, M/A, 29, son of Raman, who is confined at Central
                     Prison, Puzhal, Chennai and to set aside the same and consequently direct
                     the respondents to produce the detenu before this Court and set him at
                     liberty.

                     H.C.P.No. 1673 of 2025

                     Thrisha, F/A 40
                     wife of Duraimurugan,
                     No.268, Kulakarai Street,
                     Ramapuram Village,
                     Sholinghur Taluk,
                     Ranipet District.                                                      .. Petitioner

                                                               vs

                     1.The Secretary to the Government,
                       Home, Prohibition and Excise Department,
                       Fort St.George, Secretariat,
                       Chennai – 600 009.

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

                     3.The Superintendent of Prison,
                       Central Prison, Puzhal, Chennai – 66.

                     4.The Superintendent of Police,
                       Ranipet District, Ranipet.

                     5.The Inspector of Police,
                       Sholinghur Police Station,
                       Ranipet District.
                                                                                              .. Respondents


                     2/8



https://www.mhc.tn.gov.in/judis              ( Uploaded on: 13/03/2026 06:57:32 pm )
                                                                             H.C.P.Nos. 1672, 1673 & 1687 of 2025
                     Prayer in HCP 1673 of 2025 : Petition filed under Article 226 of the
                     Constitution of India praying to issue a writ of habeas corpus to call for
                     the records in connection with the order of detention passed by the 2 nd
                     respondent dated 15.7.2025 in B3/D.O.No.58/2025 against the wife of the
                     petitioner Duraimurugan, , M/A, 25, son of Perumal, who is confined at
                     Central Prison, Puzhal, Chennai and to set aside the same and
                     consequently direct the respondents to produce the detenu before this
                     Court and set him at liberty.


                     H.C.P.No. 1687 of 2025

                     Amutha, F/A, 44
                     wife of Venkatesan
                     No.11, Salai Street,
                     Kuppukalmedu Village,
                     Sholinghur Taluk,
                     Ranipet District.                                                      .. Petitioner

                                                               vs

                     1.The Secretary to the Government,
                       Home, Prohibition and Excise Department,
                       Fort St.George, Secretariat,
                       Chennai – 600 009.

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

                     3.The Superintendent of Prison,
                       Central Prison, Puzhal, Chennai – 66.

                     4.The Superintendent of Police,
                       Ranipet District, Ranipet.

                     5.The Inspector of Police,
                       Sholinghur Police Station,
                       Ranipet District.
                                                                                              .. Respondents


                     3/8



https://www.mhc.tn.gov.in/judis              ( Uploaded on: 13/03/2026 06:57:32 pm )
                                                                                   H.C.P.Nos. 1672, 1673 & 1687 of 2025
                     Prayer in HCP 1687 of 2025 : Petition filed under Article 226 of the
                     Constitution of India praying to issue a writ of habeas corpus to call for
                     the records in connection with the order of detention passed by the 2 nd
                     respondent dated 15.7.2025 in B3/D.O.No.59/2025 against the son of the
                     petitioner Madhavan, M/A, 22, son of Venkatesan, who is confined at
                     Central Prison, Puzhal, Chennai and to set aside the same and
                     consequently direct the respondents to produce the detenu before this
                     Court and set him at liberty.

                                  For Petitioner     :         Mr.M.Ramesh Babu

                                                               (in all HCPs)

                                  For Respondents :            Mr.R.Muniyapparaj
                                                               Additional Public Prosecutor
                                                               assisted by
                                                               Mr.M.Sylvester John

                                                               (in all HCPs)


                                                     COMMON ORDER

(Made by Dr. ANITA SUMANTH, J.)

The petitioners have filed this petition assailing detention orders

dated 17.05.2025. The dates of arrest in the three cases are on 17.06.2025

(HCP No.1672/25), 14.06.2025 (HCP No. 1673/25) and 16.06.2025 (HCP

No. 1687/25).

2. We have sought from Mr.Muniyapparaj the justification for the

delay at the end of the sponsoring authority, to have intimated the

detaining authority about the need for detention. No reply or justification

is forthcoming.

3. The records produced also do not contain any material that

https://www.mhc.tn.gov.in/judis ( Uploaded on: 13/03/2026 06:57:32 pm ) H.C.P.Nos. 1672, 1673 & 1687 of 2025 would even explain, let alone justify the gap of one month between date

of arrest and the passing of the detention order. The Supreme Court in the

case of Sushanta Kumar Banik Vs. State of Tripura, reported in '2022

LiveLaw (SC) 813', has held as follows:-

“20. It is manifestly clear from a conspectus of the above decisions of this Court, that the underlying principle is that if there is unreasonable delay between the date of the order of detention & actual arrest of the detenu and in the same manner from the date of the proposal and passing of the order of detention, such delay unless satisfactorily explained throws a considerable doubt on the genuineness of the requisite subjective satisfaction of the detaining authority in passing the detention order and consequently render the detention order bad and invalid because the “live and proximate link” between the grounds of detention and the purpose of detention is snapped in arresting the detenu. A question whether the delay is unreasonable and stands unexplained depends on the facts and circumstances of each case.”

4. In light of there being no justification having made out for the

delay, the live and proximate link between the arrest and the detention,

has snapped in the instant cases as well and the detention orders are liable

to be quashed.

5. In light of the above, this Habeas Corpus Petitions are allowed

and the Detention Orders passed by the second respondent in

B3/D.O.No.61/2025, B3/D.O.No.58/2025 & B3/D.O.No.59/2025 dated

15.07.2025, respectively are set aside.

6. The detenus, viz., (i) Prabhu, S/o. Raman, aged 29 years,

(ii) Duraimurugan, S/o. Perumal, aged 25 years, and (iii) Madhavan,

https://www.mhc.tn.gov.in/judis ( Uploaded on: 13/03/2026 06:57:32 pm ) H.C.P.Nos. 1672, 1673 & 1687 of 2025 S/o.Venkatesan, aged 22 years, who are now confined in Central Prison

II, Puzhal, Chennai, are hereby directed to be set at liberty forthwith

unless their presence is required in connection with any other cases.

                                                                            [A.S.M, J.]        [S.M, J.]
                                                                                     13.03.2026
                     Index:Yes/No
                     Neutral Citation:Yes
                     ssm

                     Note to Registry : Issue Today

                     To

                     1.The Secretary to the Government,

Home, Prohibition and Excise Department, Fort St.George, Secretariat, Chennai – 600 009.

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

3.The Superintendent of Prison, Central Prison, Puzhal, Chennai – 66.

4.The Superintendent of Police, Ranipet District, Ranipet.

5.The Inspector of Police, Sholinghur Police Station, Ranipet District.

6.The Joint Secretary, Law and Order Department, Secretariat, Chennai

7.The Public Prosecutor,

https://www.mhc.tn.gov.in/judis ( Uploaded on: 13/03/2026 06:57:32 pm ) H.C.P.Nos. 1672, 1673 & 1687 of 2025 High Court, Madras.

https://www.mhc.tn.gov.in/judis ( Uploaded on: 13/03/2026 06:57:32 pm ) H.C.P.Nos. 1672, 1673 & 1687 of 2025

DR. ANITA SUMANTH,J.

and SUNDER MOHAN,J.

ssm