Tmt.Minnal Kodi v. The State of Tamil Nadu, Rep by Its Secretary to Government,

Order (Order of the Court was made by Dr.Anita Sumanth J.) The mother of one Arunraj @ Sothumuttai (detenu), S/o. Ramalingam, who was detained as a 'Sexual Offender' under Section 2(ggg) of the Tamil Nadu Act 14 of 1982 (in short 'Act') has approached this Court challenging the order of detention dated 21.11.2025.

¶2The detenu has been arrested on 01.11.2025 and the impugned order of detention is dated 21.11.2025. The main argument of the petitioner is that there is no basis for the subjective satisfaction of the detaining authority that the detenu will be enlarged on bail.

¶3We have heard Ms.S.Priyadharsahini and Mr.C.R.Malarvannan, learned Counsel for Government of Tamil Nadu (Criminal Side), learned counsel for the respondents.

¶4The bail application filed by the detenu was dismissed on 19.11.2025 in Crl.MP.No.1110 of 2025. He does not file a bail application thereafter. However, the authority infers that there is a likelihood of him being enlarged on bail, for which inference, there is absolutely no material on record available on file. Hence, we find that this statement is mere ipse dixit.

¶5That apart, several documents in the booklet furnished are in English and not translated. However, as per the confession statement recorded from the detenu he has studied only upto VIIIth standard, there is no dispute on the position that he is conversant only in Tamil. Hence the non-furnishing of the documents viz., accident registers at pages 70 and 71, live birth report at page 120 and 121 and personal details at page 123 will stand in the way of him putting up an effective defence.

¶6In light of the aforesaid discussion, this Habeas Corpus Petition is allowed and the Detention Order passed by the second respondent in C3/D.O./114/2025, dated 21.11.2025, is set aside.

¶7The detenu, viz., Arunraj @ Sothumuttai, S/o. Ramalingam, aged 34 years, 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.) 16-07-2026 Index: Yes/No Speaking order SSM Note to Registry : Issue Today To

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

¶2The District Collector and District Magistrate, Cuddalore District, Cuddalore.

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

¶4The Superintendent of Prison, Central Prison, Cuddalore, Cuddalore District.

¶5The Inspector of Police, All Women Police Station, Sethiyathoppu, Cuddalore District.

¶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 16-07-2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16-07-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN Tmt.Minnal Kodi W/o. Late. Ramalingam, South Street, Sakkangudi Village and post, Chidambaram Taluk, Cuddalore District. ..Petitioner(s) Vs 1. The State of Tamil Nadu, Rep by its Secretary to Government, Home Prohibition and Excise (XVI) Department, Fort St. George, Secretariat, Chennai- 600 009. 2. The District Collector and District Magistrate, Cuddalore District, Cuddalore. 3. The Superintendent of Police, Cuddalore District, Cuddalore. 4. The Superintendent of Prison, Central Prison, Cuddalore, Cuddalore District. 5. The Inspector of Police, All Women Police Station, Sethiyathoppu, Cuddalore District. ..Respondent(s) Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus or any other appropriate writ or order or direction in the nature of a writ calling for the records in connection with the order of detention passed by the second respondent dated 21.11.2025 in his office Ref.C3/D.O./114/2025 against the petitioner's son by name Thiru.Arunraj @ Sothumuttai, S/o. Ramalingam, aged about 34 years, now confined at Central Prison, Cuddalore, Cuddalore District and set aside the same and direct the respondent to produce the above said detenu before this Hon'ble Court and set him at liberty and pass such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and thus render Justice. For Petitioner(s): Ms.S.Priyadharsahini For Respondent(s): Mr.C.R.Malarvannan, Counsel For Government Of Tamil Nadu (Criminal Side)