G.Jeevaganeshan v. State of Tamil Nadu Rep.By,

ORDER (Order of the Court was made by Sunder Mohan J.) The mother of the detenu – Surya, S/o. Ganesan, aged 28 years, has filed this petition challenging the detention order dated 17.10.2025, branding him as 'Sexual Offender' under Section 2(ggg) of the Tamil Nadu Preventive Detention Act, 1982 (Act 14/1982).

¶2Heard the learned counsel for the petitioner and the learned counsel for the Government of Tamil Nadu (Criminal Side) for the respondents.

¶3Though several grounds have been raised, we are of the view that the detention order is liable to be quashed on the ground that the satisfaction of the Page3 of 6 detaining authority as regards the real possibility of the detenu coming out on bail suffers from non-application of mind.

¶4The detaining authority has relied upon a statement said to have been made by the father of the detenu, under Section 180(3) of the BNSS that he is taking steps to file a bail application in the ground case.

¶5On 03.03.2026, in HCP Nos. 2129, 2179 and 2340 of 2025, we had held that the unsigned statement cannot be relied upon to infer that the detenu is likely to file bail application. We had reiterated and clarified this view in a subsequent case, i.e., HCP No.2356 of 2025 dated 22.06.2026, after we were informed that our view was held to be per incuriam by a Co-ordinate Bench of this Court in HCP (MD) N0.369 of 2026 dated 19.06.2026. We have held that only a signed statement of a relative can be relied upon by the detaining authority to satisfy himself as regards the possibility of the detenu filing a bail application and that a Section 180(3) of BNSS statement cannot be the basis for such a satisfaction.

¶6Therefore, the reliance placed on the said statement recorded under Section 180(3) of BNSS, by the detaining authority to arrive at the satisfaction that there is a real possibility of the detenu coming out on bail is misconceived. Thus, the inference that the detention is warranted since the detenu is likely to Page4 of 6 indulge in further criminal activities after his release on bail is based on the said wrong premise. Hence, the detention order is liable to be quashed.

¶7In light of the aforesaid discussion, this Habeas Corpus Petition is allowed and the Detention Order passed by the second respondent in No.802/BBCDEFGISSSV/2025 dated 17.10.2025, is set aside.

¶8The detenu, viz., Surya, S/o. Ganesan, aged 28 years, who is now confined in Central Prison, Puzhal, Chennai, is hereby 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.) 29-06-2026 Index: Yes/No Speaking/Non-speaking order Note: Issue Order Copy today. dk Page5 of 6 To

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

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

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

¶4The Inspector of Police, W-7, All Women Police Station, Anna Nagar, Chennai – 600 040.

5.The Joint Secretary, Law and Order Department, Secretariat, Chennai – 600 009.

¶6The Public Prosecutor, High Court of Madras. HCPoNo.2352oofo2025 DR.ANITAoSUMANTH,oJ. AND SUNDERoMOHAN,oJ. dk HCPoNo.o2352oofo2025 29-06-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29-06-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN HCP No. 2352 of 2025 G.Jeevaganeshan W/o. Ganeshan, No.98, Lakshmi Nagar, V.M. Chatharam, Tirunelveli-627011. ...Petitioner/Mother of the Detenue Vs 1. State of Tamil Nadu Rep. by its, Secretary to Government, Home, Prohibition and Excise Department, Fort St.George, Chennai-600 009. 2. The Commissioner of Police, Greater Chennai, Office of the Commissioner of Police, (Goondas Section), Vepery, Chennai – 600 007. 3. The Superintendent of Prison, Central Prison Puzhal-II, Chennai - 600 066. 4. The Inspector of Police, W-7, All Women Police Station, Anna Nagar, Chennai – 600 040. ...Respondents 1 to 4 Page2 of 6 Prayer : Petition filed under Article 226 of Constitution of India praying for issuance of Writ of Habeas Corpus, calling for the records pertaining to the detenue Mr. Surya son of Ganeshan Male aged 28 who is detained under Tamil Nadu Act 14 of 1982 as "Sexual Offender" at Central Prison Puzhal - II, Chennai with 2nd respondent, herein vide order in No.802/BBCDEFGISSSV/2025 dated 17.10.2025 on the file of the 4th respondent herein and to quash the same and direct the 2nd respondent herein to produce the petitioner's son G. Surya aged about 28 years and set him at liberty. For Petitioner : Mr.Periaswamy I. For Respondents : Mr.C.R.Malarvannan Counsel for Government of Tamil Nadu (Criminal Side)