Josphine Flora v. 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 Cr.M.P.No.46/D.O.2025, dated 28.10.2025 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 petitioner submitted that the petitioner had already filed bail application in CMP No.2243 of 2025 and the same is pending before the Additional District Judge, Special Court for Essential Commodities Act, Coimbatore. He further submitted, the Detaining authority, in the detention order, while referring to a similar case in CMP No.3460 of 2024, dated

06.11.2024, wherein, bail was granted to the accused concerned, had stated that there is a likelihood of the accused also filing a bail application in respect of Page2 of 5 Crime No.321 of 2025 and being released on bail, as bail had been granted by the appropriate court in similar cases.

¶4Mr.M.Mohamed Riyaz, learned Government Advocate, has not denied the above facts.

¶5We are of the view that as pointed by the learned counsel for the petitioner, when the bail application filed by the detenu is already pending, the Detaining Authority arriving at the subjective satisfaction that there is a likelihood of filing bail application shows clear non-application of mind.

¶6In the result, this Habeas Corpus Petition is allowed and the detention order passed by the second respondent dated 28.10.2025 in Cr.M.P.No.46/D.O./2025 is hereby set aside. The detenu viz.,Jerman Rakesh, aged 24 years, S/o Justin Thiraviyam, 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.) 13-08-2026 Index: Yes/No Speaking/Non-speaking order MST Page3 of 5 To

¶1The Secretary to Government Home Prohibition and Excise Department, Secretariat, Chennai - 600 009.

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

¶3The Superintendent of Police Coimbatore, Coimbatore District.

¶4The Superintendent of Prison District Prison, Tiruppur District. Page4 of 5 HCPoNo.o1388oofo2026 N.SATHISHoKUMAR,oJ. AND K.RAJASEKAR,oJ. MST HCPoNo.o1388oofo2026 13-08-2026 Page5oofo5

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-08-2026 CORAM THE HON'BLE MR JUSTICE N. SATHISH KUMAR AND THE HON'BLE MR.JUSTICE K.RAJASEKAR Josphine Flora, W/o.Justin Thiraviyam, No.32, Abirami Nagar, Vinayagapuram, Saravanampatti, Coimbatore District. ..Petitioner(s) Vs 1. The Secretary to Government Home Prohibition and Excise Department, Secretariat, Chennai - 600 009. 2. The District Collector and District Magistrate Coimbatore, Coimbatore District. 3. The Superintendent of Police Coimbatore, Coimbatore District. 4. The Superintendent of Prison District Prison, Tiruppur District. ..Respondent(s) Prayer: Habeas Corpus Petition is filed under Section 226 of the Constitution of India to issue a Writ of Habeas Corpus or any other Writ or order in the nature of Writ call of the records in connection with the order of Detention passed by the 2nd Respondent dated 28.10.2025 in Cr.M.P.No.46/D.O./2025 against the petitioners son Jerman Rakesh, 24 years, S/o.Justin Thiraviyam who is confined at District Prison, Tiruppur District and Set aside the same and consequently direct the Respondents to produce the detenue before the this Court and set him at liberty. Page1 of 5 For Petitioner(s): Mr. A.Saranraj For Respondent(s): Mr.M.Mohamed Riyaz, Government Advocate (Crl.Side)