Naveenkumar v. The Secretary to the Government,

ORDER (Order of the Court was made by N.Sathish Kumar J.) The detenu Naveenkumar, male, aged 25 years, S/o.Jayaraman, has come forward with this petition challenging the detention order passed by the second respondent dated 01.12.2025 bearing reference C3/D.O.No.40/2025 slapped on him, branding him as "Sexual Offender" 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 ground case and one adverse case and the detaining authority while passing the impugned detention order after having stated that bail petition filed by the detenue was dismissed, has arrived at the subjective satisfaction regarding imminent possibility of coming out on bail by relying on a bail order dated 20.12.2023 in Crl.M.P.No.2303 of 2023 wherein bail was granted to one Gowrisankar, S/o.Ramesh

¶5In this regard, the learned counsel drew the attention this Court to order in Crl.M.P.No.2303 of 2023, which is enclosed at Page No. 42 of Volume II of the booklet. A careful perusal of the said order, brings to light that in the said case, there is no previous against the accused whereas in the instant case, there is one adverse case against the detenu. Therefore, taking said 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 01.12.2025 in C3/D.O.No.40/2025 is hereby set aside. The detenu viz., Naveenkumar, male, aged 25 years, S/o.Jayaraman, 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 to the Government, Home Prohibition and Excise Dept., Secretariat, Chennai-60 0009.

¶2District Collector and District Magistrate of Vellore District, Vellore.

¶3The Superintendent of Police, Vellore District, Vellore.

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

¶5The Inspector of Police, Thiruvalam Police Station, Vellore District.

¶6The Joint Secretary to Government Public (Law & Order) Fort Saint George, Chennai – 9

¶7The Public Prosecutor High Court, Madras. HCPoNo.o277oofo2026 N.SATHISHoKUMAR,oJ. AND K.RAJASEKAR,oJ. gpa HCPoNo.o277oofo2026 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 Naveenkumar S/o.Jayaraman, ..Petitioner(s) Vs 1. The Secretary to the Government, Home Prohibition and Excise Dept., Secretariat, Chennai-60 0009. 2. The District Collector and District Magistrate of Vellore District, Vellore. 3. The Superintendent of Police, Vellore District, Vellore. 4. The Superintendent of Prison, Central Prison, Vellore. 5. The Inspector of Police, Thiruvalam Police Station, Vellore District. ..Respondent(s) Habeas Corpus Petition filed under Article 226 of Constitution of India to issue a WRIT OF HABEAS CORPUS or any other Writ or Order in the nature of Writ call for the records in connection with the order of detention Page2 of 6 passed by the second respondent dated 01.12.2025 in C3/D.O.No.40/2025 petitioner/Detenue Naveenkumar, Male aged 25 years S/o.Jayaraman, who is confined at Central Prison, Vellore and set aside the same and direct the respondents to produce the detenue before the Honble court and set him at liberty. For Petitioner(s): Mr.D.Balaji For Respondent(s): Mr.M.Mohamed Riyaz Government Advocate (Crl.side)