Nareshkumar v. The Secretary to the Government

ORDER (Order of the Court was made by N.Sathish Kumar J.) The order of detention passed by the second respondent in Cr.M.P.No. 59/D.O./2025 dated on 12.12.2025 is sought to be quashed in the present Habeas Corpus Petition.

¶2We have heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondents. We have perused the materials available on record.

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 detenue being enlarged on bail while passing the impugned order of detention.

4.The learned counsel for the petitioner submitted that the detenue was arrested and remanded to judicial custody in connection with the ground 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 18.12.2024 in C.M.P No.3890 of 2024 wherein statutory bail was granted to the accused therein.

¶5In this regard, the learned counsel drew the attention this Court to order in Crl.MP No.5272 of 2023, which is enclosed at Page No.73 of Volume I of the booklet. A careful perusal of the said order, brings to light that it is a case of statutory bail under Section 187(2) of Cr.P.C. Therefore, taking a default bail order as a basis for arriving at subjective satisfaction regarding the imminent possibility of detenue 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 in Cr.M.P.No. 59/D.O./2025 dated on

12.12.2025 is hereby set aside. The detenu Thiru.Nareshkumar, S/o.Mani aged about 35 years, 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.) 14-08-2026 Index: Yes/No Speaking/Non-speaking order SSI To:

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

¶2District Collector and District Magistrate Coimbatore,

¶3The Superintendent of Police Coimbatore,

¶4The Superintendent Central Prison, Coimbatore. Page5 of 6

¶5State Rep by The Inspector of Police Kinathukadavu Police Station,

¶6The Public Prosecutor, High Court of Madras. HCPoNo.o591oofo2026 N.SATHISHoKUMAR,oJ. AND K.RAJASEKAR,oJ. SSI HCPoNo.o591oofo2026 14-08-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14-08-2026 CORAM THE HON'BLE MR JUSTICE N. SATHISH KUMAR AND THE HON'BLE MR.JUSTICE K.RAJASEKAR Nareshkumar S/o.Mani, No. 11, Valukkal Check Post Backside, Rangasamuthiram, Pichanur Post, Madukarai Taluk, Coimbatore District. Now confined at Central Prison, Coimbatore, Coimbatore District. ..Petitioner(s) Vs 1. The Secretary to the Government Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009. 2. District Collector and District Magistrate Coimbatore, 3. The Superintendent of Police Coimbatore, 4. The Superintendent Central Prison, Coimbatore. 5. State Rep by The Inspector of Police Kinathukadavu Police Station, ..Respondent(s) Page2 of 6 PRAYER: Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for a Writ of Habeas Corpus to call for the records in connection with the order of Detention passed by the 2nd respondent dated 12.12.2025 in Cr.M.P.No. 59/D.O./2025 against the petitioner Nareshkumar , M/35 years, S/o.Mani, who is confined at Central Prison, Coimbatore and set aside the same and consequently direct the respondents to produce the detenue before the Hon'ble Court and set him at liberty. For Petitioner(s): Mr.A.Saranraj For Respondent(s): Mr.M.Mohamed Riyaz, Government Advocate (Crl.Side)