Jancy v. The State of Tamilnadu Rep. by the Secretary to Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07-07-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN Shakeela Banu W/o.D.Yesudass @ Jesudass, No.8, Maharajakalam, Chandrapuram, Walayar, Palakad, Kerala 678 624. ..Petitioner in HCP.No.933 of 2026 Susmitha W/o.Sakthivel, No.10/27, Arisanatheru, Chennakarai, Kariyamanikkam West, Manachanallur, Tiruchirappalli, Tamil Nadu - 621 213. ..Petitioner in HCP.No.935 of 2026 Jancy W/o.Johnraj, No. 4/393, North Street, Malaiyapatti, Tiruchirappalli, Tamilnadu - 621 307. ..Petitioner in HCP.No.936 of 2026 T.Jeyarani W/o.Mr.Sivakumar, No.101, Rajeev Ganthi Street, Thuvakudimalai North, Tiruchirapalli-620 022. ..Petitioner in HCP.No.940 of 2026 Vs Page1 of 7

¶1The State of Tamil Nadu Represented by The Secretary to Government Home, Prohibition and Excise Department, Fort St.George, Chennai 600 009.

¶2The District Collector and District Magistrate, Tiruppur District, Tiruppur.

¶3The Superintendent, Central Prison, Coimbatore, Coimbatore District.

¶4The Superintendent of Police, Tiruppur District, Tiruppur.

¶5The Inspector of Police Palladam Police Station, Tiruppur District, Tiruppur. ..Respondent(s) in all HCP's Prayer in

HCP No. 933 of 2026

: Habeas Corpus petition filed under Article 226 of Constitution of India for issuance of a writ order or direction and in particular to issue a WRIT OF HABEAS CORPUS to call for the entire records connected with the order of detention passed by the 2nd respondent in Cr.M.P.No. 88/Goonda/2025 dt. 05.10.2025 and quash the same, consequently, directing the respondents to produce the detenu/the petitioner's husband Mr.Jesudass S/o.Late. Dharumaraj aged about 40 years, detained in the Central Prison, Coimbatore before the Hon'ble Court and set him at liberty. Prayer in

HCP No. 935 of 2026

: Habeas Corpus petition filed under Article 226 of Constitution of India for issuance of a writ order or direction and in particular to issue a WRIT OF HABEAS CORPUS to issue any writ, order or direction in the nature of WRIT OF HABEAS CORPUS, call for the entire records connected with the order of detention passed by the 2nd respondent in Cr.M.P.No.85/GOONDA/2025 dated 05.10.2025 and quash the same, consequently, directing the respondents to produce the Detenu/the Petitioner's husband Mr.Sakthivel, S/o.Vengadesan aged about 25 years, detained in the Central Prison, Coimbatore before the Hon'ble Court and set him at liberty and thus render justice. Page2 of 7 Prayer in

HCP No. 936 of 2026

: Habeas Corpus petition filed under Article 226 of Constitution of India for issuance of a writ order or direction and in particular to issue a WRIT OF HABEAS CORPUS to call for the entire records connected with the order of detention passed by the 2nd respondent in Cr.M.P.No. 87/Goonda/2025 dt. 05.10.2025 and quash the same, consequently directing the respondents to produce the detenu/the petitioners son Mr.Ravibosco, S/o.Johnraj aged about 29 years, detained in the Central Prison, Coimbatore before the Honble Court and set him at liberty. Prayer in

HCP No. 940 of 2026

: Habeas Corpus petition filed under Article 226 of Constitution of India for issuance of a writ order or direction and in particular to issue any writ order or direction in the nature of Writ of Habeas Corpus call for the entire records connected with the order of detention passed by the 2nd respondent in Cr.M.P.No.86/Goonda/2025 dated 05.10.2025 and quash the same consequently directing the respondents to produce the Detenu/the petitioner's son Mr.Gowtham, S/o.Siva Kumar aged about 25 years detained in the Central Prison, Coimbatore before the Hon'ble Court and set him at liberty.

In all HCP's For Petitioner(s): Mr.K.Thilageswaran For Respondent(s): Mr. C.R. Malarvannan Counsel For Government Of Tamil Nadu (criminal Side) Common Order (Order of the Court was made by Dr.Anita Sumanth J.) In HCP.No.933 of 2026, the wife of the detenu viz., Jesudass, S/o.Dharumaraj, male, aged 40 years, who has been branded as Goonda under Section 2(f) of the Tamil Nadu Preventive Detention Act, 1982 (Act), has filed this habeas corpus petition. Page3 of 7

¶2In HCP.No.935 of 2026, the wife of the detenu viz., Sakthivel, S/o.Vengatesan, male, aged 25 years, who has been branded as Goonda under Section 2(f) of the Tamil Nadu Preventive Detention Act, 1982 (Act), has filed this habeas corpus petition.

¶3In HCP.No.936 of 2026, the wife of the detenu viz., Ravibosco, S/o.Johnraj, male, aged 29 years, who has been branded as Goonda under Section 2(f) of the Tamil Nadu Preventive Detention Act, 1982 (Act), has filed this habeas corpus petition.

¶4In HCP.No.940 of 2026, the wife of the detenu viz., Gowtham, S/o.Sivakumar, male, aged 25 years, who has been branded as Goonda under Section 2(f) of the Tamil Nadu Preventive Detention Act, 1982 (Act), has filed this habeas corpus petition.

¶5We have heard Mr.K.Thilageswaran, learned counsel for the petitioner and Mr.C.R.Malarvannan, learned counsel for Government of Tamil Nadu (criminal Side), learned counsel for the respondents in all HCP's.

¶6One of the grounds in the detention order dated 05.10.2025 is that the detenus may be enlarged on bail. The subjective satisfaction of the detaining authority is really no subjective satisfaction at all for the reason that neither the detenus nor their family members have, admittedly, filed bail applications. Despite this, the authority goes on to state that detenus would be enlarged on Page4 of 7 bail for which there are no credible statements that have been recorded from the relatives of the detenus to such effect. Hence the subjective satisfaction of the authority is nothing but mere ipse dixit. The subjective satisfaction of the detaining authority is hence vitiated on this aspect and non-application of mind is writ large in the matter.

7.In light of the above, these Habeas Corpus Petitions are allowed and the Detention Orders passed by the second respondent in Cr.M.P.No.88/GOONDA/2025,

Cr.M.P.No.85/GOONDA/2025, Cr.M.P.No.87/GOONDA/2025, Cr.M.P.No.86/GOONDA/2025, all dated

05.10.2025 are set aside.

¶8The detenus, viz., Jesudass, S/o. Dharumaraj, male aged 40 years, Sakthivel, S/o.Vengatesan, male aged 25 years, Ravibosco, S/o.Johnraj, male aged 29 years, Gowtham, S/o.Sivakumar, male aged 25 years, all now confined in Central Prison, Coimbatore, are directed to be set at liberty forthwith, unless their presence is required in connection with any other case. (A.S.M.,J.) (S.M.,J.) 07-07-2026 dp Index: Yes/No Speaking Note to Registry: Issue Today. Page5 of 7 To

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

¶2The District Collector and District Magistrate, Tiruppur District, Tiruppur.

¶3The Superintendent, Central Prison, Coimbatore, Coimbatore District.

¶4The Superintendent of Police, Tiruppur District, Tiruppur.

¶5The Inspector of Police Palladam Police Station, Tiruppur District, Tiruppur.

¶6The Public Prosecutor, High Court of Madras.

¶7The Joint Secretary to Government, Public (Law and Order), Secretariat, Fort.St.George, Chennai -9. Page6 of 7 DR.ANITA SUMANTH J. AND SUNDER MOHAN J. DP 07-07-2026 Page7 of 7