Mahalakshmi v. The Secretary to the Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10.04.2026 CORAM : THE HONOURABLE DR.JUSTICE ANITA SUMANTH and THE HONOURABLE MR.JUSTICE SUNDER MOHAN In HCP.No.1724 of 2025: Mahalakshmi, Female, aged 25 years, D/o. Balaji, No.C-31, SMH Hospital Back Side, Karai, Ranipet, Walaja Taluk, Ranipet District. .. Petitioner vs

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

4.The Superintendent of Prison, Ranipet PEW Police Station, .. Respondents

In HCP.No.1725 of 2026: Kannaki, W/o. Sudhakaran, No.15C, Labour School Street, Karai Ranipet, Walaja Taluk, Ranipet District. .. Petitioner vs

1.The State of Tamil Nadu Rep. by its Secretary, Home Department, Prohibition and Excise Department, Fort St.George, Chennai-600 009. Ranipet, Vellore.

4.The Superintendent, Prohibition Enforcement Wing, .. Respondents Prayer in HCP.No.1724 of 2025: Petition filed under Article 226 of Constitution of India praying for issuance of Writ of Habeas Corpus to call for the records in connection with the order of detention passed by the second respondent dated 02.08.2025 in B3/D.O.No.66/2025 against the petitioner's brother Sutharsan, Male, aged 22 years, S/o. Balaji, who is confined at Central Prison, Vellore and set aside the same and direct the respondents to produce the detenu before this Court and set him at liberty. Prayer in HCP.No.1725 of 2025: Petition filed under Article 226 of Constitution of India praying for issuance of Writ of Habeas Corpus to call for the records relating to the detenu's detention order passed by the 2nd respondent Memo B3/D.O.No.67/2025 dated 02.08.2025 and set aside the same and produce the detenu Bose @ Elangovan, aged about 23 years now detained in Central Prison, Vellore and set him at liberty forthwith. In HCP.No.1724 of 2025 For Petitioner in HCP.No.1724 of 2025 : Mr.D.Balaji in HCP.No.1725 of 2025 : Mr.T.Arun for Mr.T.Saravanan For Respondents in both HCP's : Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.M.Sylvester John COMMON ORDER (Made by Dr. ANITA SUMANTH, J.) In both the HCPs, the mothers of the detenus, viz., Sutharsan, S/o Balaji (HCP No.1724 of 2025) and Bose @ Elangovan S/oSudhakaran (HCP No.1725 of 2025), branding them as Goondas under Section 2(f) of the Tamil Nadu Preventive Detention Act, 1982 (Tamil Nadu Act 14 of 1982) have challenged the detention orders, both dated 02.08.2025.

¶2Prior to the order of detention, the detenus were arrested on

05.07.2025. The ground case relates to an offence under Section 123 of the Bharatiya Nyaya Sanhita, 2023 (BNSS).

¶3We have heard Mr.D.Balaji, learned counsel for the petitioner in HCP 1724 of 2025, Mr.T.Arun, learned counsel appearing for Mr.T.Saravanan, learned counsel for the petitioner in HCP 1725 of 2025 and Mr.R.Muniyapparaj, learned Additional Public Prosecutor assisted by Mr.Sylvester John, learned counsel for the respondents.

¶4One of the grounds of detention is based on the subjective satisfaction of the detaining authority that the detenus may be enlarged on bail, since, based on the information received by him, he states that the detenus intend to file bail application through their relatives.

¶5It is unknown what the sources of information are, as the booklet provided does not contain the statement of any relative, or any other material for that matter to indicate that the detenus will be enlarged on bail. In such circumstances, the subjective satisfaction on the basis of which the detention orders have been passed, particularly the apprehension of the detaining authority that the detenus would be enlarged on bail, has no basis whatsoever.

¶6In light of the aforesaid discussion, these Habeas Corpus Petitions are allowed and the Detention Order passed by the second respondent in B3/D.O.No.66/2025, dated 02.08.2025 (HCP No.1724 of 2025) and B3/D.O.No.67/2025, dated 02.08.2025 (HCP No.1725 of 2025) are set aside.

¶7The detenus, viz., Sutharsan, S/o. Balaji, aged 22 years, who is now confined in Central Prison, Vellore, and Bose @ Elangovan, S/o. Sudhakaran, aged 23 years, who is now confined in Central Prison, Vellore are hereby 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.]

10.04.2026 Index:Yes/No sl Note : Issue Today To

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

4.The Superintendent of Prison, Ranipet PEW Police Station,

6.The Joint Secretary, Law and Order Department, Secretariat, Chennai

7.The Public Prosecutor, High Court, Madras. H.C.P.Nos.1724oando1725oofo2025 DR.oANITAoSUMANTH,J. and SUNDERoMOHAN,J. sl H.C.P.No.o1724oofo2025

10.04.2026