A.Aswathy v. Additional Chief 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 bearing Cr.MP.No.58/D.O/2025 of 2025 dated 12.12.2025 is sought to be quashed in the present Habeas Corpus Petition.

¶2Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondents. Page3 of 6

¶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 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 of this Court to the order in C.M.P.No.3890 of 2024, which is enclosed at Page No.54 of Volume II of the booklet. A careful perusal of the said order, brings to light that it is a case of statutory bail granted to the accused therein. 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.MP.No.58/D.O/2025 of 2025 dated

12.12.2025 is hereby set aside. The detenu, viz., Aanandhakumar, S/o Balasubramani, Male, aged 27 years, is directed to be set at liberty forthwith unless she 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 Note to Office: Registry to communicate this order to Jail authorities in Central Prison, Coimbatore, forthwith. Page5 of 6 To:

¶1The Additional Chief Secretary to the Government Home Prohibition and Excise Department, Secretariat, Chennai - 600009.

¶2The District Collector and District Magistrate Coimbatore.

¶3The Commissioner of Police Coimbatore.

¶4The Inspector Of Police Kinathukkadavu Police Station, Coimbatore.

¶5The Inspector of Police, Kinathukkadavu Police Station, Coimbatore District.

¶6The Public Prosecutor, High Court of Madras. HCPoNo.o1193oofo2026 N.SATHISHoKUMAR,oJ. AND K.RAJASEKAR,oJ. SSI HCPoNo.o1193oofo2026 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 A.Aswathy W/o Aanandhakumar, D.No.11/40, School Street, Vazhukkal, Kumittipathy Post, Coimbatore. ..Petitioner(s) Vs 1. The Government of Tamil Nadu, Rep. By its Additional Chief Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, Chennai – 600009. 2. The District Collector and District Magistrate, Coimbatore District, Coimbatore. 3. The Commissioner of Police (COP) Coimbatore District, Coimbatore. 4. The Superintendent, Central Prison, Coimbatore District, Coimbatore. 5. The Inspector Of Police Kinathukkadavu Police Station, Coimbatore. ..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 pertaining to the impugned proceedings of the 2nd respondent made in Cr.MP.No.58/D.O/2025 of 2025 dated 12.12.2025 and subsequently quash the same as devoid of merits and consequently direct the detenue Aanandhakumar S/o Balasubramani, aged about 27 years, residing at D.No.5/148B, Pattamparai,Pichanur Post, Madukkarai Taluk, Coimbatore and now detained at Central Prison, Coimbatore as a Goonda to be at liberty. For Petitioner(s): Mr.B.Sargunam For Respondent(s): Mr.M.Mohamed Riyaz, Government Advocate (Crl.Side)