Santhiya v. The State of Tamilnadu

Order (Order of the Court was made by Dr.Anita Sumanth J.) Kathirvel, S/o. Ramesh, has been branded as a Goonda and detained under Central Prison, Salem under order dated 09.08.2025. His wife has approached this Court seeking his release.

¶2Learned 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. On the grounds on which the detention is ordered is that the detenu may be enlarged on bail and for this 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 Page3 of 5 that that accused has no previous case, whereas in the present case, the detenu has 3 adverse cases. Hence, the possibility of detenu being enlarged on bail are different and comparison made by the detaining authority and subjective satisfaction on the ground of which the detention has been ordered stands vitiated.

¶4In light of the aforesaid discussion, this Habeas Corpus Petition is allowed and the Detention Order passed by the second respondent in C.M.P.No.37/Goonda/Salem City/2025, dated 09.08.2025, is set aside.

¶5The detenu, viz., Kathirvel, S/o. Ramesh, aged 20 years, confined in Central Prison, Salem, 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. To

¶1The State of Tamilnadu Rep. by its Secretary to Government (Home), Prohibition and Excise Department, Secretariat, Fort St. George, Chennai - 600 009.

¶2The Commissioner of Police Salem City, Page4 of 5 Salem.

¶3The Superintendent of Prison Central Prison, Salem District.

¶4The Inspector of Police Kitchipalayam Police Station, Salem District.

¶5The Public Prosecutor, High Court, Madras.

¶6The Joint Secretary to Government Public (Law and Order), Secretariat, Fort St.George, Chennai - 9 HCPoNo.o2289oofo2025 DR.ANITAoSUMANTHoJ. AND SUNDERoMOHANoJ. VS HCPoNo.o2289oofo2025 21-04-2026 Page5oofo5

2026:MHC:1563 Page1 of 5 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 Santhiya W/o.Kathirvel, No. 127, Puthiya Sunnambukara Salai, Salem District. ..Petitioner(s) Vs 1. The State of Tamilnadu Rep. by its Secretary to Government (Home), Prohibition and Excise Department, Secretariat, Fort St. George, Chennai - 600 009. 2. The Commissioner of Police Salem City, Salem. 3. The Superintendent of Prison Central Prison, Salem District. 4. The Inspector of Police Kitchipalayam Police Station, Salem District. ..Respondent(s) Petition filed under Article 226 of the Constitution of India praying to issue a writ of habeas corpus to call for the records pertaining to order of detention passed in C.M.P.No. 37/Goonda/Salem City/2023 dated on 09.08.2025 passed by the 2nd respondent and set aside the same and directing Page2 of 5 the respondents to produce the petitioners husband by name Kathirvel S/o.Ramesh, aged about 20 years before this Honble Court now confined in Central Prison, Salem and set him at liberty. For Petitioner(s): MS.P.HASNAH For Respondent(s): Mr. R.Muniyapparaj Additional Public Prosecutor Assisted By Mr. M.Sylvester John