P.Kavitha v. The Additional Chief 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 No.71/BBCDEFGISSSV/2026, dated on 13.02.2026 is sought to be quashed in the present Habeas Corpus Petition.

¶2Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents.

¶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-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.

¶4The learned counsel for the petitioner submitted that the detenue was arrested and remanded to judicial custody in connection with the ground case and Page3 of 4 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 27.07.2023 in Crl.MP No.5272 of 2023 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.71 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 detenue being enlarged on bail shows clear non-application of mind. 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 in No.71/BBCDEFGISSSV/2026, dated on

13.02.2026 is hereby set aside. The detenu Mr.Pandian S/o. Ramu, aged about 32 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 Page4 of 4

N.SATHISH KUMAR, J. AND

K.RAJASEKAR, J. STN Note to Office: Registry to communicate this order to Jail authorities in Central Prison, Puzhal II, Chennai, forthwith. To

¶1The Additional Chief Secretary to Government, Home Prohibition and Excise Department, Secretariat, Fort St.George, Chennai - 600 009.

¶2The Commissioner of Police, Greater Chennai, Office of the Commissioner of Police, Vepery, Chennai.

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

¶4The Inspector of Police F4, Thousand Lights Police Station, Chennai. 20-08-2026

Page1 of 4 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 P.Kavitha W/o. Pandian, No.47/29, Greams Road, Azhagiri Nagar, Thousand Light, Chennai - 600 006. ..Petitioner(s) Vs 1. The Additional Chief Secretary to Government, Home Prohibition and Excise Department, Secretariat, Fort St.George, Chennai - 600 009. 2. The Commissioner of Police, Greater Chennai, Office of the Commissioner of Police, Vepery, Chennai. 3. The Superintendent of Police, Central Prison, Puzhal, Chennai. 4. The Inspector of Police F4, Thousand Lights Police Station, Chennai. ..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 pertaining to the order of detention passed by the second respondent in his proceedings in No.71/BBCDEFGISSSV/2026, dated 13.02.2026 and quash the same as illegal and produce the detenue, namely Pandian S/o. Ramu, aged 32 as Drug Offender now he is confined in Central Prison, Puzhal II, Chennai before this Honble Court and set him at Liberty. Page2 of 4 For Petitioner(s): Mr. C. Raja For Respondent(s): Mr. M. Mohamed Riyaz, Government Advocate (Crl. Side) *******