[Cites 1, Cited by 0]
Madras High Court
K.Iswarya vs The State Of Tamil on 16 March, 2026
Author: N. Anand Venkatesh
Bench: N. Anand Venkatesh
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 16.03.2026
CORAM
THE HON'BLE MR JUSTICE N. ANAND VENKATESH
AND
THE HON'BLE MR JUSTICE P.DHANABAL
H.C.P.(MD)No.91 of 2026
K.Iswarya .. Petitioner / wife of the detenu
Vs.
1.The State of Tamil,
represented by
the Additional Chief Secretary to Government,
Home, Prohibition and Excise Department,
Secretariat, Chennai-9.
2.The District Collector and
District Magistrate,
Thoothukudi District, Thoothukudi.
3.The Superintendent of Prison,
Madurai Central Prison,
Madurai. .. Respondents
Prayer :Petition filed under Article 226 of the Constitution of India to call
for the entire records connected with the detention order passed in H.S.(M).
Confdl. No.104 of 2025 dated 20.09.2025 on the file of the second
Page 1 of 5
https://www.mhc.tn.gov.in/judis ( Uploaded on: 23/03/2026 07:57:50 pm )
respondent herein and quash the same and direct the respondents to produce
the detenu or body of the detenu, namely, the petitioner's husband i.e.,
Kaliappan @ Kada Kali, aged about 30 years, S/o Velsamy, now detained at
the Central Prison, Madurai, before this Court and set him at liberty
forthwith.
For Petitioner : Mr.N.Pragalathan
For Respondents : Mr.A.Thiruvadikumar
Additional Public Prosecutor
ORDER
(Order of the Court was made by N. ANAND VENKATESH,J.)
The petitioner is the wife of the detenu, by name, Kaliappan @ Kada
Kali, aged about 30 years, S/o Velsamy. The detenu has been detained by the
second respondent by his order in H.S.(M). Confdl. No.104 of 2025 dated
20.09.2025 holding him to be a "Goonda", as contemplated under Section
2(f) of the Tamil Nadu Act 14 of 1982). The said order is under challenge in
this Habeas Corpus Petition.
2. We have heard the learned counsel appearing for the petitioner and
the learned Additional Public Prosecutor appearing for the respondents. We
have also perused the records produced by the Detaining Authority.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 23/03/2026 07:57:50 pm )
3. Apart from the other grounds raised by the learned counsel
appearing for the petitioner, one of the main ground that was raised by the
learned counsel appearing for the petitioner is that the Detaining Authority
has noted that the detenu was produced before the learned Judicial
Magistrate, Tiruchendur on 25.08.2025 and the remand was extended up to
08.09.2025 and thereafter, further extension of remand was made up to
22.09.2025. However, in the paper book that was supplied to the detenu,
the remand extension order did not form part. Therefore, it was contended
that such a conclusion was arrived at by the Detaining Authority even
without supporting documents.
4. We have carefully gone through the paper book and it is seen from
Page No.83 that only the form for extension of remand submitted by the
Superintendent of Prison is available and whereas, the remand extension
order does not form part of the paper book. Hence, there was no material
before the Detaining Authority to conclude that the remand was extended
from 25.08.2025 to 08.09.2025. This clearly reflects non-application of
mind.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 23/03/2026 07:57:50 pm )
5. In the result, the Habeas Corpus Petition is allowed and the order
of detention in H.S.(M). Confdl. No.104 of 2025 dated 20.09.2025 passed
by the second respondent is set aside. The detenu, viz., Kaliappan @ Kada
Kali, aged about 30 years, S/o Velsamy, is directed to be released forthwith
unless his detention is required in connection with any other case.
(N.A.V.,J..) (P.D.B.,J.,)
16.03.2026
Index : Yes / No
Internet : Yes / No
TSG
To
1.The Additional Chief Secretary to Government,
Home, Prohibition and Excise Department,
Secretariat, Chennai-9.
2.The District Collector and
District Magistrate,
Thoothukudi District, Thoothukudi.
3.The Superintendent of Prison,
Madurai Central Prison,
Madurai.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 23/03/2026 07:57:50 pm )
N. ANAND VENKATESH,J.
AND
P.DHANABAL,J.
TSG
16.03.2026
https://www.mhc.tn.gov.in/judis ( Uploaded on: 23/03/2026 07:57:50 pm )
