[Cites 2, Cited by 0]
Madras High Court
Jayalakshmi vs The Additional Chief Secretary To The on 16 March, 2026
Author: Anita Sumanth
Bench: Anita Sumanth
HCP No. 1663 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16-03-2026
CORAM
THE HON'BLE DR.JUSTICE ANITA SUMANTH
AND
THE HON'BLE MR.JUSTICE SUNDER MOHAN
HCP No. 1663 of 2025
Jayalakshmi
W/o.Sugumar,
No.140, Indira Gandhi Nagar,
West Kailasam, 2nd Street,
Erukkanchery, Chennai - 118.
..Petitioner(s)
Vs
1. The Additional Chief Secretary to the
Government,
Home, Prohibition and Excise (XVI) Department,
Secretariat, Chennai - 600 009.
2. The Commissioner of Police,
O/o.Commissioner of Police,
Greater Chennai.
3. The Superintendent of Prison,
Special Prison for Women,
Trichy District.
4. The Inspector of Police,
P-6, Kodungaiyur Police Station,
Chennai 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 Direction
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HCP No. 1663 of 2025
calling for the entire records connected with the detention order in
No.553/BBCDEFGISSSV/2025 dated 08.08.2025 on the file of the Respondent
No.2 and quash the same and direct the respondents to produce the body and
person of the petitioner’s daughter one named Tmt.DHARANI
W/o.Chandrasekar aged about 28 years now confined at Special Prison for
Women, Trichy before this Honble Court and set her at liberty.
For Petitioner(s): Mr.P.Muthamizhselvakumar
For Respondent(s): Mr.R.Muniyapparaj
Additional Public Prosecutor
Assisted By
Mr.M.Sylvester John
ORDER
(Order of the Court was made by Sunder Mohan J.)
The mother of the detenue who has been detained as a Drug Offender
under Section 2(e) of Tamil Nadu Preventive Detention Act, 1982, has filed the
petition to quash the detention order dated 08.08.2025.
2.Learned counsel for the petitioner would submit that the detenue had
filed a bail application and the same was pending on the date of detention and
the detaining authority had relied upon an order passed in Crl.M.P.No.5272 of
2022 to arrive at the subjective to satisfaction that the detenue is likely to be,
released on bail; that the facts in Crl.M.P.No.5272 of 2023 are not similar as in
that case the accused was granted bail since the final report was not filed within
the statutory period and not on merits.
3.Heard learned Additional Public Prosecutor.
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4.On perusal of the order passed in Crl.M.P.No.5272 of 2023, we find
that the learned counsel is justified in making the said submission. The order
granted to the accused in that case is under Section 167(2) Cr.P.C. as the final
report was not filed within the statutory period. Therefore, the detaining
authority ought not to have relied upon the said order and hence his subjective
satisfaction that the detenue is likely to be released on bail and indulge in
criminal activities suffers from non-application of mind. Therefore, we are
inclined to set aside the impugned detention order.
5. In light of the above, this Habeas Corpus Petition is allowed and the
Detention Order passed by the second respondent in No.553/
BBCDEFGISSSV/2025, dated 08.08.2025 is hereby set aside.
6. The detenue, viz., Dharani, W/o. Chandrasekar, aged 28 years, who is
now confined in Special Prison for Women, Trichy, is hereby directed to be set
at liberty forthwith unless her presence is required in connection with any other
case.
(A.S.M.,J.) (S.M.,J.)
16-03-2026
vs
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
Note: Registry is directed to issue a copy of this order today.
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To
1. The Additional Chief Secretary to the Government,
Home, Prohibition and Excise (XVI) Department,
Secretariat, Chennai - 600 009.
2. The Commissioner of Police,
O/o.Commissioner of Police,
Greater Chennai.
3. The Superintendent of Prison,
Special Prison for Women,
Trichy District.
4. The Inspector of Police,
P-6, Kodungaiyur Police Station,
Chennai District.
5. The Public Prosecutor,
High Court of Madras.
6. The Joint Secretary to Government,
Public (Law and Order),
Secretariat, Fort.St.George, Chennai -9.
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DR.ANITA SUMANTH J.
AND
SUNDER MOHAN J.
vs
16-03-2026
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