Suba v. The State Rep.By, the Additional Chief Secretary to Government,

ORDER (Order of the Court was made by Sunder Mohan J.) The mother of the detenu – Praveen, S/o.Kuzhanthaivelu aged 24 years, has filed this petition challenging the detention order dated

14.10.2025, branding him as a 'Drug Offender' under Section 2(e) of the Tamil Nadu Preventive Detention Act, 1982 (Act 14/1982).

¶2We have heard learned counsel for petitioner and learned counsel for Government of Tamil Nadu (Criminal Side) for respondents. Page3 of 6

¶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 detaining authority as regards the real possibility of the detenu coming out on bail suffers from non-application of mind.

¶4In the grounds of detention, the detaining authority has stated that the detenu had not moved any bail application. However, he has stated that there is real possibility of the detenu coming out on bail by filing appropriate bail application. Admittedly, there was no material placed before the detaining authority that the detenu or his relatives were taking steps to file a bail application. In such circumstances, inference of the detaining authority that the detenu is likely to file a bail application and come out on bail is his mere ipse dixit. Since the satisfaction arrived at by the detaining authority is without basis, the conclusion that the detenu would indulge in further criminal activities, is vitiated. For the above mentioned reason, the detention order is liable to be quashed. Page4 of 6

5.Accordingly, this Habeas Corpus Petition is allowed and the Detention Order passed by the second respondent in Detention Order in Rc.No.C2/49/2025 dated on 14.10.2025 is set aside.

¶6The detenu, viz., Praveen, S/o.Kuzhanthaivelu aged 24 years, now confined in Central Prison, Cuddalore, 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.) 30-06-2026 Index: Yes/No Speaking/Non-speaking order Note : Issue Order copy today. dk Page5 of 6 To

¶1The Additional Chief Secretary to Government, Home, Prohibition and Excise (XVI) Dept, Fort St.George, Secretariat, Chennai-600 009.

¶2The District Collector/District Magistrate, O/o. District Collector, Villupuram District.

¶3The Superintendent of Prisons, Central Prison, Cuddalore.

¶4The Inspector of Police, Kandamangalam Police Station, Villupuram District.

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

¶6The Public Prosecutor, High Court of Madras. HCPoNo.o177oofo2026 DR.ANITAoSUMANTH,oJ. AND SUNDERoMOHAN,oJ. dk HCPoNo.o177oofo2026 30-06-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 30-06-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN HCP No.177 of 2026 Suba W/o.Kuzhandaivelu, No.1/14, Pillaiyar Kovil Street, Navamal Marudur, Villupuram - 605 102. ...Petitioner/Mother of the Detenu Vs 1. The State rep.by, The Additional Chief Secretary to Government, Home, Prohibition and Excise (XVI) Dept, Fort St.George, Secretariat, Chennai-600 009. 2. The District Collector/District Magistrate, O/o. District Collector, Villupuram District. 3. The Superintendent of Prisons, Central Prison, Cuddalore. 4. The Inspector of Police, Kandamangalam Police Station, Villupuram District. ...Respondents 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 in detention order in No.C2/49/2025 dated 14.10.2025 on the file of the 2nd respondent and set aside the same and direct the respondents herein to produce the son of the petitioner detenu namely Mr.Praveen S/o.Kuzhandaivelu aged about 24 years now confined at Central Prison at Cuddalore before this Court and set him at liberty. For Petitioner: M/S.Aravind Chandrasekaran For Respondents: Mr.C.R.Malarvannan Counsel for Government of Tamil Nadu (Criminal Side)