Parameshwari v. The Secretary to the Government,

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 15-07-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN Parameshwari W/o.Kannan, No.16, J.J.Nagar, Vannivedu, Walajapet and taluk, ..Petitioner(s) in HCP No. 2596/25 Balaji S/o.Varathan, No.4/621, Mettu Street, Melamedu Village, Gudimallur Post, Walajapet & Taluk, Ranipet District. .. Petitioner in HCP No. 2600/25 Vs

¶1The Secretary to the Government, Home Prohibition and excise Dept., Secretariat, Chennai-600 009.

¶2District Collector and District Magistrate of Ranipet District, Ranipet-1.

¶3The Superintendent of Police, Ranipet District, Ranipet.

¶4The Superintendent of Prison, Central Prison, Vellore.

¶5The Inspector of Police, Walajapet Police station, ..Respondent(s) in both cases Prayer in HCP No. 2596 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 order in the nature of writ to call for the records in connection with the order of detention passed by the second respondent dated 17.11.2025 in B3/D.O.No.99/2025 against the petitioner Son Tharun, Male aged 23 years S/o.Kannan, who is confined at Central Prison, Vellore and set aside the same and direct the respondents to produce the detenu before the Hon'ble court and set him at liberty. Prayer in HCP No. 2600 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 order in the nature of writ to call for the records in connection with the order of detention passed by the second respondent dated 17.11.2025 in B3/D.O.No.100/2025 against the petitioner Son Tharun, Male aged 23 years S/o.Balaji, who is confined at Central Prison, Vellore and set aside the same and direct the respondents to produce the detenu before the Hon'ble court and set him at liberty. (In both cases) For Petitioner(s): Ms.J.K.Madhumathi For Mr.D.Balaji For Respondent(s): Mr.C.R.Malarvannan, Counsel For Government Of Tamil Nadu (Criminal Side) COMMON ORDER (Order of the Court was made by Dr.Anita Sumanth J.) In HCP No. 2596 of 2025, the mother of the detenu – Tharun, S/o. Kannan, branded as 'Goonda' under Section 2(f) of the Tamil Nadu Preventive Detention Act, 1982 (Act 14/1982) and confined in Central Prison, Vellore under detention order dated 17.11.2025 has challenged the aforesaid order of detention.

¶2In HCP No.2600 of 2025, the father of the detenu – Tharun, S/o. Balaji, branded as 'Goonda' under Section 2(f) of the Tamil Nadu Preventive Detention Act, 1982 (Act 14/1982) and confined in Central Prison, Vellore under detention order dated 07.11.2025 has challenged the aforesaid order of detention.

¶3The petitioners are relatives of co-accused in Crime Nos. 155 and 210 of 2025. The case of the petitioners is that there is no justification for the subjective satisfaction of the authority that the detenus will be enlarged on bail.

¶4We have heard Ms.J.K.Madhumathi, learned counsel for Mr.D.Balaji, learned counsel for petitioner and Mr.C.R.Malarvannan, learned counsel for Government of Tamil Nadu (Criminal Side) for respondents.

¶5We find from the impugned order that the detenus had moved bail applications before the Principal Sessions Judge, Ranipet in Crl.M.P.No.1601 of 2025 that came to be dismissed on 06.11.2025. Admittedly, the detenus has not moved any bail applications thereafter.

¶6The authorities, however, go on to state that they had information from 'reliable sources' that the detenus intend to move bail through their relatives. How the authority arrives at this inference is a mystery as there is absolutely no material on record to justify the same, not even a credible statement from a friend or relative. In the absence of any material, we conclude that the subjective satisfaction of the authority is nothing but ipse dixit.

¶7Hence, these Habeas Corpus Petitions are allowed and the Detention Orders passed by the second respondent in B3/D.O.No.99/2025 and B3/D.O.No.100/2025, both dated 17.11.2025, are set aside.

¶8The detenus, viz., Tharun, S/o. Kannan, aged 23 years (HCP NO. 2596/25) and Tharun, S/o. Balaji, aged 23 years (HCP No. 2600/25), both now confined in Central Prison, Vellore, 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.) 15-07-2026 Index: Yes/No Speaking order SSM Note to Registry : Issue Today To

¶1The Secretary to the Government, Home Prohibition and excise Dept., Secretariat, Chennai-600 009.

¶2District Collector and District Magistrate of Ranipet District, Ranipet-1.

¶3The Superintendent of Police, Ranipet District, Ranipet.

¶4The Superintendent of Prison, Central Prison, Vellore.

¶5The Inspector of Police, Walajapet Police station,

¶6The Joint Secretary to Government, Public (Law & Order), Secretariat, Fort St.George, Chennai-600 009.

¶7The Public Prosecutor, High Court, Madras. DR.ANITA SUMANTH J. AND SUNDER MOHAN J. SSM HCP Nos. 2596 & 2600 of 2025 15-07-2026