Arumugam Nanjappa Chettiyar v. The State Rep by the Secretary (Home)Prohibition and Excise Department,

ORDER (Order of the Court was made by Sunder Mohan J.) The father of the detenu – A.Sivakumar, S/o Arumugam, aged 35 years, has filed this petition challenging the detention order dated

02.09.2025, 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. Page3 of 7

¶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.

4.In the grounds of detention, the detaining authority has stated that the detenu had filed bail application in C.M.P.No.525 of 2025 before the Principal Special Court for Exclusive Trial of Cases under the Protection of Children from Sexual Offences Act, Coimbatore, and that the same was dismissed on 19.08.2025. Further, he stated that the father of the detenu is taking steps to file another bail application. The 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.

¶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 Page4 of 7 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 indulge in further criminal activities after his release on bail is based on the said wrong premise. For the aforesaid reason, the impugned order is liable to be quashed. Page5 of 7

¶7In light of the aforesaid discussion, this Habeas Corpus Petition is allowed and the Detention Order passed by the second respondent in C.No.152/G/IS/2025 dated 02.09.2025, is set aside.

¶8The detenu, viz., A.Sivakumar, S/o. Arumugam, aged 35 years, who is now confined in Central Prison, Coimbatore, 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.) 06-07-2026 Index: Yes/No Speaking/Non-speaking order Note: Issue Order copy today. dk Page6 of 7 To

¶1The Secretary

(Home) Prohibition and Excise Department, Secretariat, Fort St. George, Chennai-600 009.

¶2The Commissioner of Police, Coimbatore City, Coimbatore.

¶3The Superintendent of Central Prison, Central Prison, Coimbatore.

¶4The Inspector of Police, AWPS - West Coimbatore.

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

¶6The Public Prosecutor, High Court of Madras. HCPoNo.58oofo2026 DR.ANITAoSUMANTH,oJ. AND SUNDERoMOHAN,oJ. dk HCPoNo.o58oofo2026 06-07-2026 Page7oofo7

Page1 of 7 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 06-07-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN Arumugam Nanjappa Chettiyar S/o. Nanjappa Chettiya, 32B, Rajandra Prasad Street, S.N.Palayam, Coimbatore, 641007 ...Petitioner Vs 1. The State rep. by The Secretary (Home) Prohibition and Excise Department, Secretariat, Fort St. George, Chennai-600 009. 2. The Commissioner of Police, Coimbatore City, Coimbatore. 3. The Superintendent of Central Prison, Central Prison, Coimbatore. 4. The Inspector of Police, AWPS-West Coimbatore. ...Respondents Page2 of 7 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 Order of Detention passed by the Second respondent in his proceedings in No.C.No.152/G/IS/2025 dated 02.09.2025 and quash the same as illegal and produce the detenue, namely, Thiru. A.Sivakumar, S/o Arumugam aged 35, as Sexual Offender, now he is confined in Central prison, Coimbatore before this Court and set him at liberty. For Petitioner: Mr.S.Manoj Vasanth For Respondents: Mr.C.R.Malarvannan Counsel for Government of Tamil Nadu (Criminal Side)