Sagurvan v. The Additional Chief Secretary to Government,

ORDER (Order of the Court was made by Sunder Mohan J.) The mother of the detenu – Abdul Raguman @ Raguman, S/o.Askar Ali, aged 31 years, has filed this petition challenging the detention order dated 24.08.2025, branding him as 'Goonda' under Section 2(f) of the Tamil Nadu Preventive Detention Act, 1982 (Act 14/1982).

2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the 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 is in remand and had not filed any bail application in the ground case. However, he had stated that the sponsoring authority had stated that his relatives are taking steps to take him out on bail.

¶5We find from the statement of a relative which is furnished at page 79 of the booklet that the said statement is not signed and the crime number, in which, the relative is taking steps to file the bail application is not mentioned. We have in HCP No. 1684 of 2025, held that, the unsigned statement cannot be relied upon to infer that the detenu is likely to file bail application.

6.Therefore, the reliance placed on the said statement by the detaining authority to arrive at the satisfaction that there is a real Page4 of 6 possibility of the detenu coming out on bail is misconceived. The inference that the detenu is likely to be released on bail and consequently, would indulge in further criminal activities also is without any basis. Hence, the detention order is liable to be quashed.

7.In light of the above discussion, this Habeas Corpus Petition is allowed and the Detention Order passed by the second respondent in Detention Order CPT No.13/2025, dated 24.08.2025 is set aside.

8.The detenu, viz., Abdul Raguman @ Raguman, S/o.Askar Ali, aged 31 years, now confined in Central Prison, Puzhal, Chennai, is 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 Tsg Note: Issue order copy today Page5 of 6 To

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

¶2The District Collector and District Magistrate of Chengalpattu District.

¶3The Superintendent of Police, Chengalpattu District.

¶4The Superintendent of Prison, Central Prison, Puzhal, Chennai.

¶5The Inspector of Police, Thirukazhukundram Police Station, Chengalpattu.

¶6The Public Prosecutor, Madras High Court. HCPoNo.o1948oofo2025 DR.ANITAoSUMANTH,oJ. AND SUNDERoMOHAN,oJ. Tsg HCPoNo.o1948oofo2025 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 Sagurvan ..Petitioner(s) Vs 1. The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009. 2. The District Collector and District Magistrate of Chengalpattu District. 3. The Superintendent of Police, Chengalpattu District. 4. The Superintendent of Prison, Central Prison, Puzhal, Chennai. 5. The Inspector of Police, Thirukazhukundram Police Station, Chengalpattu. ..Respondent(s) 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 Page2 of 6 dated 24.08.2025 in CPT NO.13/2025 against the petitioner's son Abdul Raguman @ Raguman son of Askar Ali Aged About 31 Years who is confined at Central Prison, Puzhal Chennai and set aside the same and direct the respondents to produce the detenu before this Court and set him at Liberty. For Petitioner(s): Mr.V.S.Dinesh For Respondent(s): Mr. R.Muniyapparaj, Additional Public Prosecutor, Assisted By Mr. M.Sylvester John