Mariselvi v. The State of Tamilnadu Rep.By Its,

Order (Order of the Court was made by Dr.Anita Sumanth J.) The wife of one Selvakumar (detenu) S/o Jayaraj, who was detained as a Goonda under Section 2(f) of the Tamil Nadu Act 14 of 1982 (in short 'Act') has approached this Court challenging the order of detention dated 07.11.2025.

¶2Learned counsel for the petitioner assails the impugned order of detention pointing out to various lacunae in the order, emphasizing that the subjective satisfaction of the detaining authority that the detenu will be enlarged on bail is wholly misconceived.

¶3We have heard Mr.G.Martin Manivannan, learned counsel for Mr.R.Gokulakrishnan, learned counsel for the petitioner and Mr.C.R.Malarvannan, learned counsel for Government of Tamil Nadu (criminal Side), learned counsel for the respondents.

¶4We agree that the subjective satisfaction of the detaining authority is vitiated for the reason that he relies upon an order passed in Crl.O.P.No.27950 of 2024 on 08.11.2024 passed by this Court. The detenu has moved a bail petition before the Principal District Judge, Thiruvallur in Crl.M.P.No.4651 of 2025 and the same is pending.

¶5The inference that the detenu is likely to come out on bail is based on a comparison of the detenu's case with the case of the accused in Crl.O.P.No.27950 of 2024. We have compared the offences allegedly committed by that accused with the offences in the present case and find that the offence committed in the relied upon case is under Section 103 of BNSS, whereas, in the present case, the offences are under Sections 103, 238 of BNSS and Section 3(2)(v) of the SC/ST/(POA) Act.

¶6Since the circumstances in the present matter are far graver, we find that the subjective satisfaction of the authority that the detenu may be enlarged on bail is misplaced, as the gravity of the offences in the present case would, no doubt, weigh with the authorities as and when the bail application filed by the detenu would be considered.

¶7Hence, we find merit in the submission of the petitioner that the subjective satisfaction of the authority that bail would be granted, is nothing but mere ipse dixit.

¶8In light of the aforesaid discussion, this Habeas Corpus Petition is allowed and the Detention Order passed by the second respondent in No.165/TNPD/APC/2025 dated 07.11.2025 is set aside.

¶9The detenu, viz., Selvakumar, S/o.Jayaraj, male aged 38 years, who is now confined in Central Prison, Puzhal, Chennai, 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.) sl 20-07-2026 Index: Yes/No Speaking order Note to Registry: Issue Today. To

¶1The Secretary to the Government, Home, Prohibition and Excise Department, Fort St.George, Chennai-600009.

¶2The Commissioner of Police/Detaining authority, Avadi City, Office of the Commissioner of Police, Avadi, Chennai-600054.

¶3The Superintendent, Central Prison, Puzhal, Chennai-600 052.

¶4The Inspector of Police, M-4-Red Hills Police Station, Thiruvallur District.

¶5The Joint Secretary to Government, Public (Law & Order), Secretariat, Fort St.George, Chennai-600 009.

¶6The Public Prosecutor, High Court, Madras. DR.ANITA SUMANTH J. AND SUNDER MOHAN J. SL 20-07-2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20-07-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN Mariselvi W/o.Selvakumar, Flat No.30, Venkateshwara nagar, Edapalayam, Alamathi, Thiruvallur District-600 052. ..Petitioner(s) Vs 1. The State of Tamilnadu rep.by its, Secretary to the Government, Home, Prohibition and Excise Department, Fort St.George, Chennai-600009. 2. The Commissioner of Police/Detaining authority, Avadi City, Office of the Commissioner of Police, Avadi, Chennai-600054. 3. The Superintendent, Central Prison, Puzhal, Chennai-600 052. 4. The state rep.by, Inspector of Police, M-4- Red Hills Police Station, Thiruvallur District. ..Respondent(s) Prayer: Habeas Corpus Petition filed under Article 226 of the Constitution of India to issue a Writ, order or direction particularly in the nature of WRIT OF HABEAS CORPUS to produce petitioner's husband namely Thiru.Selvakumar, S/o.Jayaraj, aged 38 years, who is detained in Central Prison, Puzhal, before this Honourable Court and set him at liberty forthwith by calling for the records pursuant to the detention order dated 07.11.2025, passed in Memo No.165/TNPD/APC/2025 by the 2nd respondent and quash the same. For Petitioner(s): Mr.G.Martin Manivannan for Mr.R.Gokulakrishnan For Respondent(s): Mr. C.R. Malarvannan Counsel For Government Of Tamil Nadu (Criminal Side)