Girija v. The Sate of Tamilnadu Rep. by Its Secretary to Government

ORDER (Order of the Court was made by Sunder Mohan J.) The mother of the detenu – Kumar @ Devakumar, S/o.Babu, aged 26 years, has filed this petition challenging the detention order dated

17.11.2025, branding him as a 'Sexual Offender' under Section 2(ggg) of the Tamil Nadu Preventive Detention Act, 1982 (Act 14/1982). Page3 of 6

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

¶3It is seen that the detaining authority has stated in the grounds of detention that the detenu has not moved any bail application; and that there is a possibility of him coming out on bail in future. 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.

¶4In light of the aforesaid discussion, this Habeas Corpus Petition is allowed and the Detention Order passed by the second respondent in B3/D.O.No.98/2025 dated 17.11.2025, is set aside. Page4 of 6

¶5The detenu, viz., Kumar @ Devakumar, S/o.Babu, aged 26 years, who is now confined in Central Prison, Vellore, 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.) 17-07-2026 Index: Yes/No Speaking/Non-speaking order Note: Issue order copy today. dk To

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

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

¶3The Superintendent of Police Ranipet ,

¶4The Superintendent of Prison, Central Prison, Vellore-632 002. Page5 of 6

¶5The Inspector of Police, All Women Police Station, Arakkonam,

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

¶7The Public Prosecutor, High Court of Madras. HCPoNo.184oofo2026 DR.ANITAoSUMANTH,oJ. AND SUNDERoMOHAN,oJ. dk HCPoNo.o184oofo2026 17-07-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17-07-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN Girija W/o.Babu, No.2/73, ECI Church Road, Ambedkar Nagar, Mosur Post, Arakkonam Taluk, Ranipet District - 631 004. ...Petitioner Vs 1. The Sate of Tamil Nadu, Rep. by its Secretary to Government, Prohibition and Excise Department, Fort St. George, Chennai - 600 009. 2. The District Collector and District Magistrate. Ranipet District, Ranipet. 3. The Superintendent of Police, Ranipet, 4. The Superintendent of Prison, Central Prison, Vellore - 632 002. Page2 of 6 5. The Inspector of Police, All Women Police Station, Arakkonam, ...Respondents Prayer : Petition filed under Article 226 of Constitution of India praying for issuance of Writ of Habeas Corpus, calling for the records relating to the detention order in B3/D.O.No.98/2025 dated 17.11.2025 passed by the 2nd respondent and quash the same and direct the respondents to produce the petitioner's son Kumar @ Deva Kumar S/o. Babu aged about 26 years, now confined at Central Prison at Vellore and set him at liberty. For Petitioner: Mr.T.Arul for Mr.D.K.Nepolean For Respondents: Mr.C.R.Malarvannan Counsel for Government of Tamil Nadu (Criminal Side)