[Cites 2, Cited by 0]
Madras High Court
Selvarani vs The Secretary To The Government on 16 March, 2026
Author: Anita Sumanth
Bench: Anita Sumanth
HCP No. 1751 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. 1751 of 2025
Selvarani
W/o.Pandiyan, No.101/1, New Colony, Agaram
Village Kalavai Taluk, Ranipet, 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 of
Ranipet District, Ranipet.
3. The Superintendent of police,
Ranipet District, Ranipet
4. The Superintendent of Prison,
Central Prison, Vellore.
5. The Inspector of Police,
Kalavai Police Station, Ranipet, District.
..Respondent(s)
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 Order of Detention passed by
the second respondent 14.08.2025 in B3/D.O.NO.69/2025 against the petitioner
SON KAVIYARASU ALIAS KAVI MALE AGED 20 YEARS
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S/O.PANDIYAN who is confined at Central Prison, Vellore and set aside the
same and direct the respondents to produce the detenue before the Honble Court
and set him at liberty.
For Petitioner(s): MR. P.Raman
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.)
The challenge in this petition is to order of detention dated 14.08.2025
filed by the mother of the detenue Kaviarasu @ Kavi who has been detained as
a Goonda under Section 2(f) of the Tamil Nadu Act 14/1982.
2.Mr.P.Raman, learned counsel, who appears for the petitioner points out
that there have been procedural lapses that would vitiate the order. Firstly, the
detaining authority has relied on an order passed in Crl.O.P.No.17529 of 2024
on 24.07.2024 to come to the conclusion that the detenu may be enlarged on
bail. However, according to him, the facts are distinguishable.
3.Mr.R.Muniyapparaj, learned Additional Public Prosecutor, assisted by
M.Sylvester John would rely on the grounds made out in the impugned order.
4.Having heard both learned counsel, we note that, as the petitioner
rightly points out, the facts in Crl.O.P.No.17529 of 2024 are not apposite when
compared with the facts of the present case. In the present case, the Sections
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that had been invoked are 296(b), 109(1) of BNS, 2023 read with Section 4 of
the Tamil Nadu Prohibition of Harassment of Women Act, 1998. However, in
the matter relied upon, the provisions of the Tamil Nadu Harassment of Women
Act have not been invoked and hence the two cases stand on different footing.
That apart, we also find that the booklet contains certain illegible pages, which
would also vitiate the proceedings.
5.In light of the above discussion, this Habeas Corpus Petition is allowed
and the Detention Order passed by the second respondent in
B3/D.O.No.69/2025, dated 14.08.2025 is set aside.
6. The detenu, viz., Kaviyarasu @ Kavi, S/o. Pandiyan, aged 20 years,
now confined in Central Prison, Vellore, 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 order
Neutral Citation: Yes
Note: Issue Today
vs
To
1. The Secretary to the Government,
Home Prohibition and Excise Department,
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Secretariat, Chennai - 600 009
2. The District Collector and District Magistrate of
Ranipet District, Ranipet.
3. The Superintendent of police,
Ranipet District, Ranipet
4. The Superintendent of Prison,
Central Prison, Vellore.
5. The Inspector of Police,
Kalavai Police Station, Ranipet, 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.
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DR.ANITA SUMANTH J.
AND
SUNDER MOHAN J.
VS
16-03-2026
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