[Cites 1, Cited by 0]
Madras High Court
Viji vs The State Of Tamil Nadu on 16 March, 2026
Author: Anita Sumanth
Bench: Anita Sumanth
H.C.P.No.1926 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.03.2026
CORAM :
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
and
THE HONOURABLE MR.JUSTICE SUNDER MOHAN
H.C.P.No.1926 of 2025
Viji, Female Aged 37 years,
W/o. Ravi,
No.6/94, Paapathikadu,
Thippampalayam, Sennimalai,
Erode – 638 051. .. Petitioner
vs
1.The State of Tamil Nadu
Rep. By its Additional Chief Secretary to Government,
Prohibition and Excise Department (Home),
Fort St.George, Chenai – 600 009.
2.The Commissioner of Police,
Greater Chennai,
Office of the Commissioner of Police,
Vepery, Chennai – 600 007.
3.The Superintendent of Prison,
Central Prison, Puzhal,
Chennai.
4.The Inspector of Police,
J-8 Neelankarai Police Station,
Chennai. .. Respondents
1/6
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H.C.P.No.1926 of 2025
Prayer : Petition filed under Article 226 of the Constitution of India
praying to issue a writ of habeas corpus calling for the records in Memo
No.621/BBCDEFGISSSV/2025 on the file of the 2nd respondent, quash
the order of detention dated 28.8.2025 and direct production of the detenu
detained in Central Prison, Puzhal under the Act 14 of 1982 before this
Court and set the detenu Ravi, male, aged 56 years, S/o. Ramasamy at
liberty.
For Petitioner : Mr.R.C.Paul Kanagaraj
for Mr.P.Divakar
For Respondents : Mr.R.Muniyapparaj
Additional Public Prosecutor
assisted by
Mr.M.Sylvester John
ORDER
(Made by Dr. ANITA SUMANTH, J.)
The challenge is to detention order dated 28.08.2025 relating to
one Ravi (convict), S/o. Ramasamy, who has been labelled as Drug
Offender under Section 2(e) of the Tamil Nadu Preventive Detention Act,
1982 (Tamil Nadu Act 14 of 1982) (in short ‘Act’). The present petition is
filed by his wife.
2. Mr.R.C.Paul Kanagaraj, who appears for Mr.P.Divakar, for the
petitioner points out that the detention order is sought to be justified on
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the ground that bail had been and granted on 02.12.2024 sought in
Crl.M.P.No. 13481 of 2024. However, according to petitioner, the facts
involved in that case are different and distinct from the present case.
3. Per contra, Mr.Muniyapparaj, learned Additional Public
Prosecutor assisted by Mr.M.Sylvester John, who appears for the
respondents would submit that the subjective satisfaction of the authority
is perfectly in order since the detenu had moved the bail application even
prior to the passing of the detention order. He submits that there is every
possibility of moving bail even now.
4. Having considered the rival contentions, we are of the view that
the petitioner must succeed. The detenu has been under incarceration
since 01.8.2025. The bail application, post his arrest in the ground case
has, admittedly been dismissed. He has not moved any bail application
either by himself or through his relatives till date.
5. The list of cases that are put against him (30 in number) are
mostly stale and two cases of the year 2011 & 2016 are undergoing trial
now. We are mystified as to why offences related to 2011 and 2016 are
still pending at the stage of trial, as they ought to have been completed in
a time bound manner. Be that as it may, they will not stand to the
detriment of the detenu now.
6. Moreover, we find that, as far as Crl MP No. 13461 of 2024 is
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concerned, that offender had not been found in possession of contraband
and it was for that reason that he had been granted bail. The facts are thus
distinguishable and in light of the aforesaid, we see no justification to
sustain the impugned detention order and set aside the same.
7. In light of the above discussion, this Habeas Corpus Petition is
allowed and the Detention Order passed by the second respondent in
No.621/BBCDEFGISSSV/2025, dated 28.08.2025 is hereby set aside.
8. The detenu, viz., Ravi, S/o. Ramasamy, aged 56 years, who is
now confined in Central Prison, Puzhal, Chennai 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.]
16.03.2026
Index:Yes/No
Neutral Citation:Yes/No
ssm
Note to Registry : Issue Today
To
1.The Additional Chief Secretary to Government,
Prohibition and Excise Department (Home),
Fort St.George, Chenai – 600 009.
2.The Commissioner of Police,
Greater Chennai,
Office of the Commissioner of Police,
Vepery, Chennai – 600 007.
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3.The Superintendent of Prison,
Central Prison, Puzhal,
Chennai.
4.The Inspector of Police,
J-8 Neelankarai Police Station,
Chennai.
5.The Joint Secretary,
Law and Order Department,
Secretariat, Chennai
6.The Public Prosecutor,
High Court, Madras.
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DR. ANITA SUMANTH,J.
and
SUNDER MOHAN,J.
ssm
16.03.2026
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