Sudha v. State Rep.By,

ORDER (Order of the Court was made by N.Sathish Kumar J.) The petitioner, the mother of the detenu Veera, Male, aged 21 years, S/o.Venkatesh, has come forward with this petition challenging the detention order passed by the second respondent dated 19.02.2026 bearing reference No.15/TNPD/APC/2026 slapped on her son, branding him as "Goonda" 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 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 08.11.2024 in Crl.O.P.No.27950 of 2024 wherein bail was granted by this Court to one K.Jayam.

¶5In this regard, the learned counsel drew the attention of this Court to said order in Crl.O.P.No.27950 of 2024, which is enclosed at Page No. 1 of Volume II of the booklet. 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 as the accused in the said case has attacked the deceased, who is his friend due to sudden provocation, whereas in the instant case, the detenu committed murder due to previous enmity. Therefore, taking the said bail order as a basis for arriving at subjective satisfaction regarding the imminent possibility of detenu Page4 of 6 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 19.02.2026 bearing reference No.15/TNPD/APC/2026 is hereby set aside. The detenu viz., Veera, male, aged 21 years,S/o.Venkatesh, 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 gpa Page5 of 6 To

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

¶2The Commissioner of Police, Avadi City.

¶3The Superintendent of Prison, Central Prison-II, Puzhal, Chennai.

¶4The Inspector of Police (L and O), T-7, Tank Factory Police Station, Chennai.

¶5The Joint Secretary to Government Public (Law & Order) Fort Saint George, Chennai – 9

¶6The Public Prosecutor High Court, Madras. HCPoNo.o646oofo2026 N.SATHISHoKUMAR,oJ. AND K.RAJASEKAR,oJ. gpa HCPoNo.o646oofo2026 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 Sudha W/o.Venkatesh, ..Petitioner(s) Vs 1. State rep.by, The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Government of Tamilnadu, Fort St.George, Chennai-600 009. 2. The Commissioner of Police, Avadi City. 3. The Superintendent of Prison, Central Prison-II, Puzhal, Chennai. 4. The Inspector of Police (L and O), T-7, Tank Factory Police Station, Chennai. ..Respondent(s) Habeas Corpus Petition filed under Article 226 of Constitution of India to issue a writ or order or direction particularly writ in the nature of Writ of Habeas Corpus to call for the records of pertaining to the order of detention dated on 19.02.2026 by the 2nd respondent in No.15/TNPD/APC/2026 and Page2 of 6 quash the same as illegal and direct the respondent to produce the detenue Thiru.Veera S/o.Venkatesh male, aged about 21 years, now confined at Central Prison, Puzhal, Chennai before this Court and set him at liberty. For Petitioner(s): Mr.S.Senthil Kumar For Respondent(s): Mr.M.Sylvester John Government Advocate (Crl.side)