Saraswathy v. State of Tamil Nadu Represented by

Order (Order of the Court was made by Dr.Anita Sumanth J.) The mother of the detenu – Bagavathi @ Praveenkumar, S/o. Pitchandi, branded as 'Sexual Offender' and confined in Central Prison, Vellore under detention order dated 11.10.2025 has challenged the order of detention in this HCP.

¶2We have heard Ms.P.Neelavathi, learned counsel for the petitioner and Mr.C.R.Malarvannan, learned Counsel for Government of Tamil Nadu (Criminal Side), learned counsel for the respondents.

¶3Learned counsel for the petitioner submits that the detenu has not moved a bail application and hence, the subjective satisfaction of the detaining authority that the detenu may be released on bail is mere ipse dixit.

¶4Mr.Malarvannan supports the impugned order stating that there are adverse cases as against the detenu as well.

¶5The authority has noted the position that no bail application has been moved. Having said so, he goes on to note that there are fair chances of either the detenu or his relatives moving a bail application. It is a mystery as to how he arrives at this conclusion, as there is material to support the apprehension, not even a credible statement recorded from the relatives of the detenu. In these circumstances, we are of the view that the inference of the authority has no basis, and hence stands vitiated.

¶6Incidentally, the victim has filed affidavit dated 24.07.2026 indicating her acquiescence to marry the detenu on his release from custody. Her DOB is

23.07.2008 and she has attained majority on 23.07.2026. She further states that she was in relationship with detenu, and that has given birth to child ( a boy) on

4.4.2026. She avers that the detenu is the biological father of the child.

¶7In 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.92/2025 dated 11.10.2025 is set aside.

¶8The detenu, viz., Bagavathi @ Praveenkumar, S/o. Pitchandi, male aged 28 years, confined in Central Prison, Vellore, 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.) 30-07-2026 Index: Yes/No Speaking order ssm Note to Registry : Issue Today To

¶1The Addl. Chief Secretary, Prohibition and Excise Department, Secretariat, Fort St.George, Chennai - 600 009.

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

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

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

¶5The Inspector of Police, Nemili Police Station, Nemili Taluk, Ranipet District.

¶6The Public Prosecutor, High Court, Madras.

¶7The Joint Secretary to Government Public (Law and Order), Secretariat, Fort St.George, Chennai – 9. DR.ANITA SUMANTH J. AND SUNDER MOHAN J. SSM 30-07-2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30-07-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN Saraswathy W/o.Pichandi, No.14, Big Street, Panapakkam, Nemili Taluk, Vellore District. ..Petitioner(s) Vs 1. State of Tamil Nadu Represented by Addl. Chief Secretary, Prohibition and Excise Department, Secretariat, Fort St.George, Chennai - 600 009. 2. The District Collector and District magistrate, Ranipet District. 3. The Superintendent of Police, Superintendent Police Office, Ranipet District. 4. The Superintendent of Prison Central Prison, Vellore, Vellore District. 5. The Inspector of Police, Nemili Police Station, Nemili Taluk, Ranipet 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 the Writ calling for the records of the detention 11.10.2025 in detention order B3/D.O.No.92/2025 on the file of the Second Respondent herein, and quash the same and direct the Respondents herein to produce of the detenu Bagavathi @ Praveen Kumar, S/o.Pitchandi, aged about 28 years, who is now confined in Central Prison Vellore before the Hon'ble Court, and set him at liberty. For Petitioner(s): Ms.P.Neelavathi For Respondent(s): Mr.C.R.Malarvannan, Counsel For Government Of Tamil Nadu (Criminal Side)