Hemapriya v. The Secretary to the Government

2026:MHC:1488 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16.04.2026 CORAM : THE HONOURABLE DR.JUSTICE ANITA SUMANTH and THE HONOURABLE MR.JUSTICE SUNDER MOHAN HCP No. 2091 of 2025 Hemapriya, Female, aged 32 years, W/o. Mathew, Mannadiyamman Kovil Street, Erumaiyur Village, Kundrathur Taluk, Kancheepuram District. .. Petitioner vs Central Prison, Cuddalore.

4.The Inspector of Police, .. Respondents

Prayer in HCP No. 2091 of 2025 : Petition filed under Article 226 of Constitution of India praying for issuance of Writ of Habeas Corpus to call for the records in connection with the order of detention passed by the 2nd respondent 14.08.2025 in BBCDEFGISSSV No.97/2025 against the petitioner's husband S.Mathew, male, aged 34 years, S/o. Sekar, who is confined at Central Prison, Cuddalore and set aside the same and direct the respondents to produce the detenu before this Court and set him at liberty. HCP No. 2122 of 2025 Devi, Female, aged 53 years, W/o. Parthiban, No.3/87, Anna Street, Pazhanthandalam Village, Kundrathur Taluk, Kancheepuram District. .. Petitioner vs Central Prison, Vellore.

4.The Inspector of Police, .. Respondents

Prayer in HCP No. 2122 of 2025 : Petition filed under Article 226 of Constitution of India praying for issuance of Writ of Habeas Corpus to call for the records in connection with the order of detention passed by the 2nd respondent 14.08.2025 in BBCDEFGISSSV No.98/2025 against the petitioner's son P.Senthamil Selvan, male, aged 28 years, S/o. Parthiban, who is confined at Central Prison, Vellore and set aside the same and direct the respondents to produce the detenu before this Court and set him at liberty. (in both) For Petitioner : Mr.P.Raman For Respondents : Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.M.Sylvester John COMMON ORDER (Made by Dr. ANITA SUMANTH, J.) The wife of S.Mathew (detenu in HCP No. 2091/25) and mother of P.Senthamil Selvan (detenu in HCP No. 2122/25) have approached this Court seeking to quash detention orders dated 14.08.2025 branded them as 'Goonda' under section 2(f) of the Tamil Nadu Preventive Detention Act, 1982 (Act 14/1982).

¶2The detenus were arrested and remanded in Crime Nos. 179/2025, 180/2025 and 181/2025. Both of them have a history of prior crimes. The facts so far as relevant to the present petitions, are similar, in that, neither of them have filed bail applications.

¶3While so, the sponsoring authority states that their relatives are avowedly taking steps to enlarge them on bail. We find no material, to support such an inference save a statement recorded from their wife/mother relied upon by the detaining authority.

¶4However, the statements, placed at page 167 of Vol II of the booklets are unsigned. We have been consistently taking the view that if the detaining authority wishes to rely on the statement of a relative to infer that there are chances that the detenu may be enlarged on bail, such statement must be necessarily signed. Reliance on Section 180(3) of BNS, 2023 to state that the 180 statement need not be signed, would thus be of no avail in the present circumstances. Hence the unsigned statement based on which the inference of the detaining authority is drawn, would be of no assistance to the authorities in the said matter.

¶5That apart, we find that the Special Report of the police authorities at page nos. 166 and 167 of Volume I of the booklets, is not dated. Since the Special Report is one of the basis for the detention, it is necessary that it must be dated. In the absence of the date, it loses its credibility and relevance qua the order of detention.

¶6In light of the aforesaid discussion, the Habeas Corpus Petitions allowed and Detention Orders passed by the second respondent in BBCDEFGISSSV Nos.97 & 98/2025 dated 14.08.2025 are set aside.

¶7The detenus, viz., S.Mathew, S/o. Sekar, aged 34 years, (HCP No. 2091/25) P.Senthamil Selvan, aged 28 years, S/o. Parthiban (HCP No. 2122/25) who are now confined in Central Prison, Cuddalore, are hereby directed to be set at liberty forthwith unless their presence is required in connection with any other case. [A.S.M, J.] [S.M, J.]

16.04.2026 Index:Yes/No ssm Note : Issue Today To Central Prison, Cuddalore.

4.The Superintendent of Prison, Central Prison, Vellore.

5.The Inspector of Police,

6.The Joint Secretary, Law and Order Department, Secretariat, Chennai

7.The Public Prosecutor, High Court, Madras. H.C.P.Nos.2091o&o2122oofo2025 DR.oANITAoSUMANTH,J. and SUNDERoMOHAN,J. ssm H.C.P.Nos.o2091o&o2122oofo2025

16.04.2026