Nagarani v. The State Rep by Its the Secretary to Government

ORDER (Order of the Court was made by N.Sathish Kumar J.) The order of detention passed by the second respondent in C.No.14/G/IS/2026 dated 12.02.2026 is sought to be quashed in the present Habeas Corpus Petition.

¶2We have heard the learned counsel for the petitioner and learned Government Advocate appearing for respondents. We have also perused the records submitted by the detaining authority.

¶3Though 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-Page3 of 6 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.

¶4Learned counsel for the petitioner submitted that the detaining authority arrived at the subjective satisfaction of detenu being released on bail based on the bail granted in the case of one Shajahan in Crl.O.P.No.15533 of 2024, but the facts of the said case is totally different.

¶5The learned counsel drew the attention of this Court to Page No.60 of Volume II of the booklet wherein vide order 04.07.2024 bail was granted to one Shajahan in Crl.O.P.No.15533 of 2024. A careful perusal of the said order, brings to light that the facts of the said case is totally different as that of the instant case. In the similar case, there is no previous case for the accused whereas in the instant case, there are three previous cases. Therefore, taking the said bail order as the basis 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, the detention order passed by the 2nd respondent in C.No.14/G/IS/2026 dated 12.02.2026 is hereby set aside and the Habeas Corpus Petition is allowed. The detenu viz., S.Praveen Kumar @ Mass Praveen, Page4 of 6 S/o.Seenivasan, aged about 27 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.) 20-08-2026 Index: Yes/No Speaking/Non-speaking order stn Note to Office : Registry to communicate this order to Jail authorities in Central Prison, Coimbatore, forthwith. Page5 of 6 To

¶1The State Rep by its, The Secretary to Government Home, Prohibition and Excise Department, Fort St.George, Secretariat, Chennai 600 009.

¶2The Commissioner of Police/Detaining Authority, Coimbatore City.

¶3The Superintendent of Prison Central Prison at Coimbatore, Gandhipuram, Coimbatore.

¶4The Inspector of Police D-1 Ramanathapuram Police Station, Coimbatore District. HCPoNo.o615oofo2026 N.SATHISHoKUMAR,oJ. AND K.RAJASEKAR,oJ. STN HCPoNo.o615oofo2026 20-08-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20-08-2026 CORAM THE HON'BLE MR JUSTICE N. SATHISH KUMAR AND THE HON'BLE MR.JUSTICE K.RAJASEKAR Nagarani W/o.Seenivasan, Door No. 07/14/2, Cross Kandasamy Layout, Ammankulam, Ramanathapuram, Coimbatore. ..Petitioner(s) Vs 1. The State Rep by its, The Secretary to Government, Home, Prohibition and Excise Department, Fort St.George, Secretariat, Chennai 600 009. 2. The Commissioner of Police/Detaining Authority, Coimbatore City. 3. The Superintendent of Prison Central Prison at Coimbatore, Gandhipuram, Coimbatore. 4. The Inspector of Police D-1 Ramanathapuram Police Station, Coimbatore District. ..Respondent(s) 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 detention order in C.No.14/G/IS/2026 dated 12.02.2026 on the file of the 2nd respondent and set aside the same and direct the respondents herein to produce the son of Page2 of 6 the petitioner /detenue namely Mr.S.Praveen Kumar @ Mass Praveen S/o.Seenivasan aged 27 years now confined in Central Prison at Coimbatore before this Honble Court and set him at liberty and pass such further or other orders as this Honble Court. For Petitioner(s): M/s. R.Subadra Devi For Respondent(s): Mr. M. Mohamed Riyaz, Government Advocate (Crl. Side) *******