Dhanalakshmi v. The Secretary to Government

ORDER (Order of the Court was made by Dr.Anita Sumanth J.) Vicky @ Vignesh, S/o. Palani, has been branded as a Drug Offender and detained under Central Prison, Puzhal, Chennai – 600 066 under order dated

12.08.2025. His mother has approached this Court seeking his release.

¶2Ms.Kokila, learned counsel appearing for the petitioner assails the order on several grounds and Mr.R.Muniyapparaj, learned Additional Public Prosecutor would defend the detention vehemently.

3.Having heard both learned counsel, we are of the considered view that the petitioner has to succeed. One of the grounds on which the detention is ordered is the apprehension that the detenu may be enlarged on bail. For this Page2 of 5 purpose the detaining authority has relied on bail granted in Crl.O.P.No.25959 of 2024 on 21.10.2024 by this Court. However, we find that the facts and circumstances under which bail is granted in that case are different, in that, there is a clear finding in para 6 of that order that accused has no previous case, whereas in the present case, the detenu has 2 adverse cases. Hence, the possibility of the detenu being enlarged on bail ought not to have been compared by the detaining authority with that case, and his subjective satisfaction stands vitiated.

¶4In light of the aforesaid discussion, this Habeas Corpus Petition is allowed and the Detention Order passed by the second respondent in Detention Order.No.24/2025, dated 12.08.2025, is set aside.

¶5The detenu, viz., Vicky @ Vignesh, S/o. Palani, aged 26 years, now confined in Central Prison-II, Puzhal, Chennai-600 066, 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.) 21-04-2026 vs Index: Yes/No Speaking order Note to Registry : Issue Today. Page3 of 5 To

¶1The Secretary to Government Home, Prohibition and Excise Department, Secretariat, Chennai-09

¶2The District Magistrate and District Collector, Tiruvallur District, Tiruvallur.

¶3The Superintendent of Police, Tiruvallur District, Tiruvallur.

¶4The Superintendent of Prison Central prison-II, Puzhal, Chennai-66.

¶5The Inspector of police Tiruttani Police Station, Tiruvallur District.

¶6The Public Prosecutor, High Court of Madras.

¶7The Joint Secretary to Government, Public (Law and Order), Fort St.George, Chennai-9. Page4 of 5 HCPoNo.o2361oofo2025 DR.ANITAoSUMANTHoJ. AND SUNDERoMOHANoJ. vs HCPoNo.o2361oofo2025 21-04-2026 Page5oofo5

2026:MHC:1561 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21-04-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN Dhanalakshmi W/o.Palani, No.22/A, periyar Nagar, Karthikeyapuram Road, Tiruttani, Tiruvallur District. ..Petitioner(s) Vs 1. The Secretary to Government Home, Prohibition and Excise Department, Secretariat, Chennai-09 2. The District Magistrate and District Collector, Tiruvallur District, Tiruvallur. 3. The Superintendent of Police, Tiruvallur District, Tiruvallur. 4. The Superintendent of Prison Central prison-II, Puzhal, Chennai-66. 5. The Inspector of police Tiruttani Police Station, Tiruvallur District. ..Respondent(s) Page1 of 5 Prayer: Habeas Corpus petition filed under article 226 of Constitution of India 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 dated 12.08.2025 in Detention order No.24/2025 against the petitioner's son namely Vicky @ Vignesh , male aged 26 years, S/o.Palani, who is confined at Central Prison II, Puzhal, Chennai and set aside the same and direct the respondent to produce the detenue before the Hon'ble Court and set him at liberty. For Petitioner(s): Ms.M.Kokila For Respondent(s): Mr. R.Muniyapparaj Additional Public Prosecutor Assisted By Mr. M.Sylvester John