Mariya Rose v. The State of Tamil Nadu Rep by

ORDER (Order of the Court was made by N.Sathish Kumar J.) The petitioner, who is the mother of the detenu S.Muthuveera, male, aged 25 years, Son of Sekar, has come forward with this petition challenging the detention order passed by the second respondent dated 18.12.2025 bearing reference BBCDEFGISSSV No.179/2025 slapped on her son, branding him as "Goonda" under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982 [Tamil Nadu Act 14 of 1982].

¶2Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) appearing for the respondents.

3.Though several grounds have been raised by the petitioner in the habeas corpus petition assailing the detention order, in the hearing, learned counsel for Page3 of 6 the petitioner confined his argument only with regard to non-application of mind on the part of the detaining authority in arriving at the subjective satisfaction regarding imminent possibility of detenu being enlarged on bail while passing the impugned order of detention.

4.The learned counsel for the petitioner submitted that the detenu was arrested and remanded to judicial custody in connection with the one ground case and one adverse case and the detaining authority while passing the impugned detention order arrived at the subjective satisfaction regarding imminent possibility of coming out on bail by relying on a bail order dated

22.08.2024 in Crl.M.P.No.4783 of 2024 wherein statutory bail was granted to Ajith and another.

¶5In this regard, the learned counsel drew the attention this Court to order in Crl.M.P.No.4783 of 2024, which is enclosed at Page No. 237 of Volume II of the booklet. A careful perusal of the said order, brings to light that it is a case of statutory bail under Section 167(2) of Cr.P.C. Therefore, taking a default bail order as a basis for arriving at subjective satisfaction regarding the imminent possibility of detenu being enlarged on bail shows clear non-application of mind. Therefore, the impugned preventive detention order deserves to be dislodged. Page4 of 6

¶6In the result, this Habeas Corpus Petition is allowed and the detention order passed by the second respondent dated 18.12.2025 in BBCDEFGISSSV No.179/2025 is hereby set aside. The detenu viz., S.Muthuveera, male, aged 25 years, S/o.Sekar, is directed to be set at liberty forthwith unless he is required in connection with any other case. (N.S.K.,J.) (K.R.S.,J.) 13-08-2026 Index: Yes/No Speaking/Non-speaking order GPA Page5 of 6 To

¶1The Secretary, Home, Prohibition and Excise Department, Secretariat, Chengalpattu - 600 009.

¶2The Commissioner of Police, Tambaram City, Chengalpattu.

¶3The Superintendent of Prison, Central Prison, Puzhal, Chennai.

¶4The Inspector of Police, T-25, Singaperumal Kovil Police Station, Chengalpattu District.

¶5The Joint Secretary to Government Public (Law & Order) Fort Saint George, Chennai – 9

¶6The Public Prosecutor High Court, Madras. HCPoNo.o341oofo2026 N.SATHISHoKUMAR,oJ. AND K.RAJASEKAR,oJ. gpa HCPoNo.o341oofo2026 13-08-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-08-2026 CORAM THE HON'BLE MR JUSTICE N. SATHISH KUMAR AND THE HON'BLE MR.JUSTICE K.RAJASEKAR Mariya Rose W/o.Sekar, ..Petitioner(s) Vs 1. The State of Tamil Nadu Rep by the Secretary, Home, Prohibition and Excise Department, Secretariat, Chengalpattu - 600 009. 2. The Commissioner of Police, Tambaram City, Chengalpattu. 3. The Superintendent of Prison, Central Prison, Puzhal, Chennai. 4. The Inspector of Police, T-25, Singaperumal Kovil Police Station, Chengalpattu District. ..Respondent(s) Habeas Corpus Petition filed under Article 226 of Constitution of India 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 relating to the Detention Order issued by the second respondent herein in BBCDEFGISSSV No.179/2025 dated 18.12.2025 and quash the same and direct the respondents herein to produce the body of the detenu namely S.Muthuveera, aged about 25 Page2 of 6 years, the son of the petitioner herein, before this Court and set him at liberty forthwith from the third respondent prison viz., the Central Prison Puzhal, Chennai before this Honble Court. For Petitioner(s): Mr.G.Mageshkumar For Respondent(s): Mr.Mohamed Riyaz Government Advocate (Crl.side)