Durga v. The Secretary to the Government,

ORDER (Order of the Court was made by N.Sathish Kumar J.) The petitioner, the wife of the detenu Kothandan, male, aged 41 years S/o.Kuppan, has come forward with this petition challenging the detention order passed by the second respondent dated 03.02.2026 bearing reference C3.D.O.No.08/2026 slapped on her husband, branding him as "Bootlegger" 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. Page3 of 6

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 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 three adverse cases 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 06.08.2025 in Crl.M.P.No.918 of 2025 wherein bail was granted by the Court of Sessions, Tirupattur District to one Lakshmanan.

¶5In this regard, the learned counsel drew the attention of this Court to said order in Crl.M.P.No.918 of 202, which is enclosed at Page No. 25 of Volume II of the booklet. A careful perusal of the said order, brings to light that the said case is totally different as that of the instant case as the accused in the said case has only one previous case whereas in the instant case there are three adverse cases against the detenu. Therefore, taking the said bail order as a basis Page4 of 6 for arriving at subjective satisfaction regarding the imminent possibility of detenu being enlarged on bail is clearly vitiated. Therefore, the impugned preventive detention order deserves to be dislodged.

¶6In the result, this Habeas Corpus Petition is allowed and the detention order passed by the second respondent dated 03.02.2026 bearing reference C3/D.O.No.08/2026 is hereby set aside. The detenu viz., Kothandan, male, aged 41 years, S/o.Kuppan, 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.) 19-08-2026 Index: Yes/No Speaking/Non-speaking order gpa Page5 of 6 To

¶1The Secretary to the Government, Home Prohibition and Excise Dept., Secretariat, Chennai-600 009.

¶2District Collector and District Magistrate, Tirupathur District, Tirupathur.

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

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

¶5The Inspector of Police, Vaniyambadi PEW Police Station, Tirupathur District.

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

¶7The Public Prosecutor High Court, Madras. HCPoNo.o395oofo2026 N.SATHISHoKUMAR,oJ. AND K.RAJASEKAR,oJ. gpa HCPoNo.o395oofo2026 19-08-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19-08-2026 CORAM THE HON'BLE MR JUSTICE N. SATHISH KUMAR AND THE HON'BLE MR.JUSTICE K.RAJASEKAR Durga W/o.Kothandan, ..Petitioner(s) Vs 1. The Secretary to the Government, Home Prohibition and Excise Dept., Secretariat, Chennai-600 009. 2. District Collector and District Magistrate, Tirupathur District, Tirupathur. 3. The Superintendent of Police, Tirupathur District, Tirupathur. 4. The Superintendent of Prison, Central Prison, Vellore. 5. The Inspector of Police, Vaniyambadi PEW Police Station, Tirupathur 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 passed by Page2 of 6 the second respondent dated 03.02.2026 in C3/D.O.No.8/2026 against the petitioner's husband Kothandan, Male aged 41 years S/o.Kuppan 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 and pass such further or other orders as this Honble court may deem to fit and proper in the above stated circumstance. For Petitioner(s): Mr.D.Balaji For Respondent(s): Mr.M.Mohamed Riyaz Government Advocate (Crl.side)