[Cites 1, Cited by 0]
Madras High Court
S.Anitha vs The Additional Chief Secretary To The on 16 March, 2026
Author: Anita Sumanth
Bench: Anita Sumanth
HCP No. 1744 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. 1744 of 2025
S.Anitha
W/o.Santhakumar,
No.10, 2nd Street, Kamarajar Colony,
Kodambakkam,
Chennai - 600 024.
..Petitioner(s)
Vs
1. The Additional Chief Secretary to the
Government,
Home, Prohibition and Excise Department,
Secretariate, Chennai - 600 009.
2. The Commissioner of Police
Greater Chennai,
Veppery, Chennai - 600 007.
3. The Superintendent
Central Prison, Puzhal,
Chennai - 600 066.
4. The Inspector of Police,
R-8, Vadapalani Police Station,
Chennai - 600 0026.
..Respondent(s)
Prayer: Habeas Corpus petition filed under Article 226 of the Constitution
of India praying 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
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HCP No. 1744 of 2025
order of detention passed by the 2nd Respondent dated 07-08-2025 in
No.539/BBCDEFGISSSV/2025 DATED 07-08-2025 against the petitioners
husband Mr.S.SANTHAKUMAR S/O.SEKAR age 42 years who is confined at
Central Prison Puzhal Chennai and to set aside the same and consequently direct
the Respondents to produce the detenue before this Honble Court and set him at
liberty and pass such further or appropriate order which this Honble Court.
For Petitioner(s): Mr.S.Selvaraj
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 wife of the detenu viz., Santhakumar, S/o. Sekar, male, aged 42
years, who has been detained as Goonda under Section 2(f) of the Tamil Nadu
Preventive Detention Act, 1982 (Act), has filed this habeas corpus petition.
2.The learned counsel for the petitioner would submit that though the
detenu has not filed any bail application, the detaining authority had concluded
that the detenu is likely to file a bail application and be released on bail by
referring an order passed in Crl.O.P.No.30749 of 2024 and that the facts in that
case is not similar, as in that case, the accused has caused death of his father
pursuant to a grave and sudden provocation.
3.Heard learned Additional Public Prosecutor.
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4.We have perused the order passed by this Court in Crl.O.P.No.30749 of
2024 which has been relied upon by the detaining authority to hold that the
detenu is likely to be released on bail. The facts in that case as submitted by the
learned counsel for the petitioner is that the deceased was done to death by his
son pursuant to a grave and sudden provocation. Since the facts are not similar,
the detaining authority ought not to have relied upon the said order to arrive at
the subjective satisfaction that the detenu is likely to be released on bail.
Therefore, the impugned order suffers from non-application of mind and is
liable to be set aside.
5.In light of the above, this Habeas Corpus Petition is allowed and the
Detention Order passed by the second respondent in
No.539/BBCDEFGISSSV/2025, dated 07.08.2025 is set aside.
6. The detenu, viz., Santhakumar, S/o.Sekar, aged 42 years, now confined
in Central Prison, Puzhal, Chennai, is 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
Speaking/Non-speaking order
Neutral Citation: Yes/No
vs
Note: Registry is directed to issue a copy of this order today (i.e., 16.03.2026)
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To
1. The Additional Chief Secretary to the
Government
Home, Prohibition and Excise Department,
Secretariate,
Chennai - 600 009.
2. The Commissioner of Police
Greater Chennai,
Veppery, Chennai - 600 007.
3. The Superintendent
Central Prison, Puzhal,
Chennai - 600 066.
4. The Inspector of Police,
R-8, Vadapalani Police Station,
Chennai - 600 0026.
5. The Public Prosecutor, High Court, 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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