Kasturi v. The State of Tamilnadu Rep. by the Additional Chief Secretary to Government,

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 04-06-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN HCP No. 396 of 2026 AND HCP NO. 33 OF 2026,HCP NO. 206 OF 2026,HCP NO. 2221 OF 2025,HCP NO. 2217 OF 2025,HCP NO. 2252 OF 2025,HCP NO. 2283 OF 2025 Kasturi W/o.Sridhar, No.24, Thiru.Vi.Ka.Nagar, 1st Street, Madhavaram, Chennai - 600 060. ..Petitioner(s) Vs

¶1The State of Tamilnadu Rep. by the Additional Chief Secretary to Government, Prohibition and Excise Department, Fort St.George, Chennai - 600 009.

¶2The Commissioner of Police, Greater Chennai Police Commissioner, Vepery, Chennai-7.

¶3The Superintendent Central Prison, Puzhal, Chennai-66.

¶4The State Rep. by the Inspector of Police, M1-Madhavaram Police Station, Chennai. ..Respondent(s) HCP No. 33 of 2026 Sujatha W/o.Nagalingam (Late), No. 24/33 Muthumariyamman Koil Street, Madhavaram, Chennai - 600 060. ..Petitioner(s) Vs

¶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 Greater Chennai, Chennai.

¶3The Superintendent of Prison Central Prison, Puzhal, Chennai.

¶4The Inspector of Police M1, Madhavaram Police Station, Chennai. ..Respondent(s) HCP No. 206 of 2026 Devi W/o. Lourduraj, No.12, Kolkotta Shop, Madhavaram, Chennai - 600 060. ..Petitioner(s) Vs

¶1State of Tamil Nadu, Rep.by, The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Fort St.George, Chennai - 600 009.

¶2The Commissioner of Police, Greater Chennai Police Commissioner, Vepery, Chennai - 7.

¶3The Superintendent, Central Prison, Puzhal, Chennai - 66.

¶4The Inspector of Police, M1, Madhavaram Police Station, Chennai. ..Respondent(s) HCP No. 2221 of 2025 Nithiyaa Sri W/o.Monish alies Poovarasan, No.32B, Pandian Street, Madhavaram, Chennai-600 060 ..Petitioner(s) Vs

¶1State of Tamil Nadu rep by the Additional Chief Secretary to Government Home, Prohibition and Excise Department, Fort St.George, Chennai-600 009

¶2The Commissioner of Police Greater Chennai Police Commissioner, Vepery, Chennai-7

¶3The Superintendent Central Prison, Puzhal, Chennai-66

¶4The Inspector of Police M-1, Madhavaram Police Station, Chennai ..Respondent(s) HCP No. 2217 of 2025 Vilat W/o.Mohandoss, NO.32B, Pandian Street, Madhavaram, Chennai-600 060. ..Petitioner(s) Vs

¶1The State Of Tamilnadu Rep By, The Additional Chief Secretary To Government, Home, Prohibition and Excise Department, Fort St.George. Chennai-600 009.

¶2The Commissioner Of Police, Greater, Chennai Police Commissioner, Vepery, Chennai-7.

¶3The Superintendent Of Prison, Central Prison, Puzhal, Chennai-66.

¶4The Inspector Of Police, M-1, Madhavaram Police Station, Chennai. ..Respondent(s) HCP No. 2252 of 2025 Arokiya Doss S/o.Gajendiran, No.6B, Afmbedkar Street, Kodungaiyur, Chennai - 600 118. ..Petitioner(s) Vs

¶1State of Tamil Nadu, Rep. By The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Fort St.George, Chennai - 600 009.

¶2The Commissioner of Police Greater Chennai Police Commissioner, Vepery, Chennai -7.

¶3The Superintendent Central Prison, Puzhal, Chennai - 66.

¶4The Inspector of Police M1-Madhavaram Police Station, Chennai. ..Respondent(s) HCP No. 2283 of 2025 Vinnarasi W/o.James, No. 21, Burma Colony First Street, Anna Nagar, Madhavaram, Chennai-600 060. ..Petitioner(s) Vs

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

¶2The Commissioner of Police Greater Chennai, Office of the Commissioner of Police (Goondas Section), Vepery, Chennai - 600 007.

¶3The Superintend of Prison Chennai Central Prison, Puzhal-II, Chennai - 600 066.

¶4The Inspector of Police M-1 Madhavaram Police Station, Chennai 600

¶110..Respondent(s) Prayer in HCP No. 396 of 2026 : Petition filed under Article 226 of the Constitution of India praying to issue a writ of Habeas Corpus or any other writ of direction calling for the records relating to the detention order in Memo No.681/BBCDEFGISSSV/2025 dated 12.09.2025 passed by the 2nd respondent under the Tamilnadu Act 14 of 1982 and set aside the same and direct the respondents to produce the petitioner's son Praveenkumar @ Chinnakunji S/o.Sridhar, the detenu. now confined in Central Prison, Puzhal, Chennai before this Hon'ble Court and set the petitioner's son Praveenkumar @ Chinnakunji S/o.Sridhar, aged about 20 years the detenu herein at liberty. Prayer in HCP No. 33 of 2026: 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 the order of detention passed in his proceedings vide order BBCDEFGISSSV No. 683/2025 dated on 12.09.2025 passed by the 2nd respondent and set aside the same and directing the respondents to produce petitioner's son by name Rubesh, S/o.Nagalingam, aged about 27 years, before this Hon'ble Court now confined in Central Prison, Puzhal, Chennai and set him at liberty. Prayer in HCP No. 206 of 2026: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus to calling for the records relating to the detention order in Memo No.684/BBCDEFGISSSV/2025 dated 12.09.2025 passed by the 2nd Respondent under the Tamilnadu Act 14 of 1982 and set aside the same and direct the respondents to produce the petitioner's son Akash, S/o.Lourduraj, the detenu, now confined in Central Prison, Puzhal, Chennai before this Honble Court and set the petitioner's son Akash S/o. Lourduraj, aged about 18 years the detenu herein at Liberty. Prayer in HCP No. 2221 of 2025: Petition filed under Article 226 of the Constitution of India praying to issue a writ of habeas Corpus or any other writ or direction calling for the records relating to the detention order in Memo No.688/BBCDEFGISSSV/2025 dated 12.09.2025 passed by the 2nd respondent under the TN Act 14 of 1982 and set aside the same and direct the respondent to produce the petitioner's Husband Monish @ Poovarasan S/o.Mohandass, the detenu now confined in Central Prison, Puzhal, Chennai before this Hon'ble Court and set the petitioner's Husband Monish @Poovarasn S/o.Mohandoss aged 24 years the detenu herein at liberty. Prayer in HCP No. 2217 of 2025 : Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus or any other Writ of direction calling for the records relating to the detention order in Memo No.687/BBCDEFGISSSV/2025 dated 12.09.2025 passed by the 2nd respondents under the Tamilnadu Act 14 of 1982 and set aside the same and direct the respondents to produce the petitioner's Son Rakesh, S/o.Mohandoss, the detenu now confined in Central Prison, Puzhal, Chennai before this Hon'ble Court and set the petitioner's son Rakesh, S/o.Mohandoss, aged about 19 years the detenu herein at liberty. Prayer in HCP No. 2252 of 2025: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus or any other Writ of direction calling for the records relating to the detention order in Memo No.682/BBCDEFGISSSV/2025, dated 12-09-2025 passed by the 2nd Respondent under the Tamilnadu Act 14 of 1982 and set aside the same and direct the respondents to produce the petitioner's son PrakanKumar, S/o Arokiya Doss, the detenu now confined in Central Prison, Puzhal, Chennai before this Honble Court and set the petitioner's son PrakanKumar, S/o.Arokiya Doss, aged about 18 years the detenu herein at liberty. Prayer in HCP No. 2283 of 2025 : Petition filed under Article 226 of the Constitution of India praying to issue a writ of habeas corpus to call for the records relating to the detention order dt. 12.09.2025 passed by the 2nd respondent in No. BBCDEFGISSSV/685/2025 and quash the same and direct the respondents herein to produce the petitoner's son Jerome, S/o. James, aged 20 years, who is presently under going detention in the Chennai Central Prison, Puzhal-II, before this Honble court and set him at liberty. For Petitioner(s): Mr.M.SelvaKumar (In HCP 396/26, 2221/25, 206/26, 2217/25) Ms.G.Gayathri (In HCP No.2283/25) Mr.N.Naresh (In HCP No.2252/25) Mr.M.Jayaseelan (In HCP No.33/26) For Respondent(s): Mr.C.R.Malarvannan, Counsel For Government of Tamil Nadu (Criminal Side) (In HCP's) COMMON ORDER (Order of the Court was made by Dr.Anita Sumanth J.) In HCP.No.396 of 2026, the mother of the detenu viz., Praveenkumar @ Chinnakunji, S/o.Sridhar, aged 20 years, who has been branded as Goonda under Section 2(f) of the Tamil Nadu Preventive Detention Act, 1982 (Act), has filed this habeas corpus petition.

¶2In HCP.No.2283 of 2025, the mother of the detenu viz., Jerome, S/o. James, aged 20 years, who has been branded as Goonda under Section 2(f) of the Tamil Nadu Preventive Detention Act, 1982 (Act), has filed this habeas corpus petition.

¶3In HCP.No.2221 of 2025, the wife of the detenu viz., Monish @ Poovarasan, S/o.Mohandoss, aged 24 years, who has been branded as Goonda under Section 2(f) of the Tamil Nadu Preventive Detention Act, 1982 (Act), has filed this habeas corpus petition.

¶4In HCP.No.206 of 2026, the mother of the detenu viz., Akash, S/o.Lourduraj, aged 18 years, who has been branded as Goonda under Section 2(f) of the Tamil Nadu Preventive Detention Act, 1982 (Act), has filed this habeas corpus petition.

¶5In HCP.No.33 of 2026, the mother of the detenu viz., Rupesh, S/o.Nagalingam, aged 27 years, who has been branded as Goonda under Section 2(f) of the Tamil Nadu Preventive Detention Act, 1982 (Act), has filed this habeas corpus petition.

¶6In HCP.No.2252 of 2025, the father of the detenu viz., Prakankumar, S/o.Arokiya Doss, aged 18 years, who has been branded as Goonda under Section 2(f) of the Tamil Nadu Preventive Detention Act, 1982 (Act), has filed this habeas corpus petition.

¶7In HCP.No.2217 of 2025, mother father of the detenu viz., Rakesh, S/o.Mohandoss, aged 19 years, who has been branded as Goonda under Section 2(f) of the Tamil Nadu Preventive Detention Act, 1982 (Act), has filed this habeas corpus petition.

¶8We have heard learned counsel for the petitioners and Mr.C.R.Malarvannan, learned counsel for Government of Tamil Nadu (Criminal Side) for the respondents.

¶9The main case of the petitioners is that none of the petitioners have filed bail applications and hence the subjective satisfaction of the detaining authority that they may be enlarged on bail is incorrect. That apart, they also questioned his statement that evidences obtained for their being enlarged on bail.

¶10We have perused the impugned orders of detention and find that the detaining authority has categorically premised his subjective satisfaction on the statement of the sponsoring authority that the relatives of the detenus are taking steps to enlarge them on bail. This subjective satisfaction is based on a statement avowedly recorded from the relatives which is placed in the booklet. However, on a perusal of the statement, we find that, it is not signed by the person to whom it is attributed. In such circumstances, the statement itself becomes questionable.

¶11We have, in fact, taken a similar view in our order dated 03.03.2026 in HCP Nos. 2129, 2179 and 2340 of 2025 and the relevant paragraphs are extracted below:

¶8On the first question whether bail applications have been filed at all, we have perused the booklets that contain the avowed statements of M.Pitchaiammal at page 147, Nagomi at page 146 and Mohan at page 148 of the booklet.

¶9According to the petitioners, there are three flaws in the statements recorded. Firstly, they are unsigned, secondly, they are undated and thirdly, the crime number mentioned therein is incorrect, insofar as the crime number mentioned is 332 of 2025, whereas the crime number in the ground case in all three cases is 378 of 2025.

¶10Having considered the rival contentions, we agree with the petitioners that the statements relied upon by the respondents do not support their case. Firstly, the statements are indeed unsigned and undated. There is hence absolutely no clarity, much less certainty, as to when they were recorded.

¶11The description of the statements on the top of the page refers to Section 180(3) of the BNSS which corresponds to Section 161 of the Criminal Procedure Code, 1973. A statement under Section 161 is recorded in the course of investigation and the provisions of Section 162 stipulate that such a statement is not expected to be signed. That may be so. However, since in the present cases, the respondents seek to draw the benefit of those statements, it is necessary for the statements to have been signed in order to support the conclusion that Pitchaiammal, Nagomi, and Mohan are taking steps to obtain bail in the cases of the respective detenus. In the absence of a signature, these statements cannot be relied upon for this purpose.

¶12…………

¶13……... We hence eschew the statements in toto for the purposes of the present cases. As a sequitur, subjective satisfaction of the Sponsoring Authority that M.Pitchaiammal, Nagomi and Mohan are taking steps to obtain bail, based on the above statements stands vitiated and the argument of the petitioners on this count is accepted.

¶12That apart, the detaining authority has referred to the bail order passed in Crl.O.P.No.30749 of 2024 dated 10.12.2024 by this Court. Though the charges are one and the same in the case of that accused and the present detenus, the facts are distinguishable. That was a case of patricide where the father of the accused had been pushed and had been done away with on account of grave and sudden provocation, whereas in the present case those facts do not arise.

13.In light of the aforesaid discussion, these Habeas Corpus Petitions are allowed and the Detention Orders all dated 12.09.2025 passed by the second respondent in No.681/BBCDEFGISSSV/2025 (HCP No. 396/2026), No.685/BBCDEFGISSSV/2025(HCP.No.2283/2025),No.688/BBCDEFGISSS V/2025 (HCP No.2221/2025), No.684/BBCDEFGISSSV/2025 (HCP No.206/2026),

No.683/BBCDEFGISSSV/2025

(HCP

No.33/2026), No.682/BBCDEFGISSSV/2025

(HCP

No.2252/2025)

and No.687/BBCDEFGISSSV/2025 (HCP No.2217/2025) are set aside.

¶14The detenus, viz., Praveenkumar @ Chinnakunji, S/o.Sridhar, aged 20 years (HCP No. 393/2026), Jerome, S/o.James, aged 20 years (HCP No.2283/2025), Monish @ Poovarasan, S/o.Mohandoss, aged 24 years (HCP No.2221/2025), Akash, S/o. Lourduraj, aged 18 years (HCP No. 206/2026), Rupesh, S/o.Nagalingam, aged 27 years (HCP No. 33/2026), Prakankumar, S/o.Arokiya Doss, aged 18 years (HCP No. 2252/2025) and Rakesh, S/o. Mohandoss, aged 19 years, (HCP No.2217/2025) now confined in Central Prison, Puzhal, Chennai, are 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.) 04-06-2026 Index: Yes/No Speaking order ssm Note to Registry : Issue Today To

¶1The Additional Chief Secretary to Government, Prohibition and Excise Department, Fort St.George, Chennai - 600 009.

¶2The Commissioner of Police, Greater Chennai Police Commissioner, Vepery, Chennai-7.

¶3The Superintendent Central Prison, Puzhal, Chennai-66.

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

¶5The Inspector of Police, M1-Madhavaram Police Station, Chennai.

¶6The Joint Secretary to Government Public (Law and Order), Fort St.George, Chennai – 9.

¶7The Public Prosecutor, High Court, Madras. DR.ANITA SUMANTH J. AND SUNDER MOHAN J. ssm HCP No. 396 of 2026 and etc batch 04-06-2026