Vijay v. The Secretary to the Government,

ORDER (Order of the Court was made by Sunder Mohan J.) The brother of the detenu – Ajay, S/o.Iyappan, aged about 25 years, has filed this petition challenging the detention order dated 13.09.2025, branding him as 'Goonda' under Section 2(f) of the Tamil Nadu Preventive Detention Act, 1982 (Act 14/1982).

¶2We have heard learned counsel for petitioner and learned Additional Public Prosecutor for respondents. Page3 of 6

¶3Though several grounds have been raised, we are of the view that the detention order is liable to be quashed on the ground that the satisfaction of the detaining authority as regards the real possibility of the detenu coming out on bail suffers from non-application of mind.

¶4In the grounds of detention, the detaining authority has stated that the detenu had filed an application seeking for bail in Crl.M.P.No.1220 of 2025 before the Principal Sessions Judge, Ranipet and the same came to be dismissed and that there is a possibility of the detenu coming out on bail, since in a similar case, accused therein has been granted bail by the Principal Sessions Court, Ranipet in Crl.MP.No.387 of 2025. However, admittedly there was no material placed before the detaining authority that the detenu or his relatives were taking steps to file a bail application. In such circumstances, inference of the detaining authority that the detenu is likely to file a bail application and come out on bail is his mere ipse dixit without any basis. Since the satisfaction arrived at by the detaining authority is erroneous, further conclusion that the detenu would indulge in further criminal activities Page4 of 6 also, is without any basis. Hence, the detention order is liable to be quashed.

¶5In light of the aforesaid discussion, this Habeas Corpus Petition is allowed and the Detention Order passed by the second respondent in B3/D.O.No.84/2025 dated 13.09.2025 is set aside.

¶6The detenu, viz., Ajay, S/o.Iyappan, aged about 25 years, who is now confined in Central Prison, Vellore, is hereby directed to be set at liberty forthwith unless his presence is required in connection with any other case. (A.S.M.,J.) (S.M.,J.) 27-04-2026 Index: Yes/No Speaking/Non-speaking order Note: Issue Order Today. Tsg Page5 of 6 To

¶1The Secretary to the Government, Home Prohibition and Excise Dept., Secretariat, Chennai – 600 009.

¶2The District Collector and District Magistrate of Ranipet District, Ranipet -1.

¶3The Superintendent of Police, Ranipet District, Ranipet,

¶4The Superintendent of Prison, Central Prison, Vellore.

¶5The Inspector of Police Ranipet police Station, Ranipet District.

¶6The Public Prosecutor, Madras High Court. HCPoNo.o1937oofo2025 DR.ANITAoSUMANTH,oJ. AND SUNDERoMOHAN,oJ. Tsg HCPoNo.o1937oofo2025 27-04-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27-04-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN Vijay S/o.Iyappan, No.3/17, Athukalvai Street, Karai, Ranipet, Walaja Taluk, Ranipet District. ..Petitioner(s) Vs 1. The Secretary to the Government, Home Prohibition and Excise Dept., Secretariat, Chennai – 600 009. 2. The District Collector and District Magistrate of Ranipet District, Ranipet -1. 3. The Superintendent of Police, Ranipet District, Ranipet, 4. The Superintendent of Prison, Central Prison, Vellore. 5. The Inspector of Police Ranipet police Station, Ranipet District. ..Respondent(s) Page2 of 6 Prayer : Petition filed under Article 226 of Constitution of India praying for issuance of Writ of Habeas Corpus, calling for the records in connection with the order of Detention passed by the second respondent dated 13.09.2025 in B3/D.O.No.84/2025 against the petitioner's brother Ajay, Male aged 25 years S/o.Iyappan, who is confined at Central prison, Vellore and set aside the same and direct the respondents to produce the detenu before the Court and set him at liberty. For Petitioner(s): Mr.P.Raman For Respondent(s): Mr. R.Muniyapparaj, Additional Public Prosecutor, Assisted By Mr. M.Sylvester John