M.Mahendran v. The State of Tamilnadu Rep. by the Additional Chief Secretary to Government,

ORDER (Order of the Court was made by Sunder Mohan J.) The father of the detenu – Lokesh, S/o.Mahendran, aged 21 years, has filed this petition challenging the detention order dated 28.10.2025, branding him as a 'Goonda' under Section 2(f) of the Tamil Nadu Preventive Detention Act, 1982 (Act 14/1982).

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

¶3Though several grounds have been raised, we are of the view that the detention order is liable to be quashed on the ground that the satisfaction of the detaining authority as regards the real possibility of the detenu coming out on bail suffers from non-application of mind.

¶4It is seen from the grounds of detention that the detaining authority had stated that the detenu has not moved any bail application and had relied upon a statement said to have been made by the brother of the detenu, under Section 180(3) of the BNSS that he is taking steps to file a bail application.

¶5On 03.03.2026, in HCP Nos. 2129, 2179 and 2340 of 2025, we had held that the unsigned statement cannot be relied upon to infer that the detenu is likely to file bail application. We had reiterated and clarified this view in a subsequent case, i.e., HCP No.2356 of 2025 dated

22.06.2026, after we were informed that our view was held to be per incuriam by a Co-ordinate Bench of this Court in HCP (MD) No.369 of 2026 dated 19.06.2026. We have held that only a signed statement of a relative can be relied upon by the detaining authority to satisfy himself as regards the possibility of the detenu filing a bail application and that a Section 180(3) of BNSS statement cannot be the basis for such a satisfaction.

¶6Therefore, the reliance placed on the said statement recorded under Section 180(3) of BNSS, by the detaining authority to arrive at the satisfaction that there is a real possibility of the detenu coming out on bail is misconceived. Thus, the inference that the detention is warranted since the detenu is likely to indulge in further criminal activities after his release on bail is based on the said wrong premise. Hence, the detention order is liable to be quashed.

¶7In light of the aforesaid discussion, this Habeas Corpus Petition is allowed and the Detention Order passed by the second respondent in No.155/TNPD/APC/2025 dated 28.10.2025 is set aside.

¶8The detenu, viz., Lokesh, S/o.Mahendran, aged 21 years, who is now confined in Central Prison, Puzhal, Chennai, 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.) 30-07-2026 Index: Yes/No Speaking/Non-speaking order Note: Issue order copy today. dk To

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

¶2The Commissioner of Police, Avadi City, Office of the Commissioner of Police, Avadi.

¶3The Superintendent of Prison, Central Prison Puzhal, Chennai - 600 066.

¶4The Inspector of Police, Ayapakkam Police Station, Chennai.

DR.ANITA SUMANTH, J. AND

SUNDER MOHAN, J. dk

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

¶6The Public Prosecutor, High Court of Madras. HCP No. 197 of 2026 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 M.Mahendran S/o.Marimuthu, No.2, Jayalalitha Street, Annai Sathya Nagar, Annanur, Thirumullaivoyal, Chennai - 600 062. ...Petitioner/Father of the Detenue Vs 1. The State of Tamil Nadu, Rep. by the Additional Chief Secretary to Government, Home, Prohibition and Excise, Department Fort St.George, Chennai - 600 009. 2. The Commissioner of Police, Avadi City, Office of the Commissioner of Police, Avadi. 3. The Superintendent of Prison, Central Prison Puzhal, Chennai - 600 066. 4. The Inspector of Police, Ayapakkam Police Station, Chennai. ...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 passed by the 2nd respondent in No.155/TNPD/APC/2025 at 28/10/2025 against the petitioner's son Lokesh S/o.Mahendran, male aged about 21 years, the detenue herein now confined in central prison puzhal, Chennai and to set aside the detention order and direct the respondent to produce the petitioner's son detenue aged 21 years before this Court and set him at liberty. For Petitioner: Mr.P.Vignesh For Respondents: Mr.C.R.Malarvannan Counsel for Government of Tamil Nadu (Criminal Side)