Radhakrishnan v. The State of Tamilnadu,

ORDER (Order of the Court was made by Sunder Mohan J.) The father of detenu - Vijay, S/o.Radhakrishnan, aged about 24 years, has filed this petition challenging the detention order dated

09.09.2025, branding him as a '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.

¶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 the bail application in Crl.MP.No.8182 of 2025 before the Principal Sessions Judge, Chennai and the same was dismissed on 08.09.2025; that his relatives are taking steps to take him out on bail; and that in a similar case, bail was granted by this Court in Crl.OP.No.30749 of 2024 on 10.12.2024.

5.The detaining authority ought to have seen whether the facts in the bail order relied upon by him was comparable to the facts of the instant case. In the order relied upon by the detaining authority, the accused therein was granted bail because the occurrence took place pursuant to a sudden quarrel. In this case, it is not so. That apart, the detenu has been accused of the offences under Sections 126(2), 296(b), 115(1), 118(2), 103(1) and 351(3) of BNS, whereas, in the bail order relied upon, the offence against the accused is under Section 103 of the BNS. Therefore, the facts in the two cases are not similar and consequently, the reliance placed by the detaining authority on the said order, vitiates his subjective satisfaction as regards the possibility of the detenu coming out on bail. Hence, the detention order is liable to be quashed.

¶6In light of the aforesaid discussion, this Habeas Corpus Petition is allowed and the Detention Order passed by the second respondent in No.656/BBCDEFGISSSV/2025 dated 09.09.2025 is set aside.

¶7The detenu, viz., Vijay, S/o.Radhakrishnan, aged about 24 years, who is now confined in Central Prison, Puzhal, Chennai, 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.) 28-04-2026 Index: Yes/No Speaking/Non-speaking order Note: Issue Order Today ars To

¶1The Secretary to Government, Home, Prohibition and Excise Department, Fort St.George, Chennai-9.

¶2The Commissioner of Police Greater Chennai, Vepery, Chennai - 600007.

¶3The Superintendent of Prison, Central Prison, Puzhal, Chennai 600066.

¶4The Inspector of police E1 Mylapore Police Station, Chennai District.

¶5The Joint Secretary, Law and Order Department, Secretariat, Chennai

¶6The Public Prosecutor, High Court, Madras. HCPoNo.o2032oofo2025 DR.ANITAoSUMANTH,oJ. AND SUNDERoMOHAN,oJ. ars HCPoNo.o2032oofo2025 28-04-2026 Pageo6oofo6

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28-04-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN Radhakrishnan ..Petitioner(s) Vs 1. The State of Tamilnadu, Rep by its Secretary to Govt, Home, Prohibition and Excise Department, Fort St.George, Chennai-9. 2. The Commissioner of Police Greater Chennai, Vepery, Chennai - 600007. 3. The Superintendent of Prison, Central Prison, Puzhal, Chennai 600066. 4. The Inspector of police E1 Mylapore Police Station, Chennai District. ..Respondent(s) Prayer : Petition filed under Article 226 of Constitution of India praying for issuance of Writ of Habeas Corpus, calling for the entire records leading to the detention of the petitioner's Son Vijay, Son of Radhakrishnan, male aged about 24 years is presently lodged in Central Prison, Puzhal at Chennai and has been detained under Act 14/82 as a Goonda vide detention order dated 09.09.2025 on the file of the 2nd respondent herein, made in No.656/BBDFGISSSV/2025 and quash the same and consequently direct the respondents herein to produce the detenu before this Court and thereafter set him at liberty from the Central Prison, Puzhal, Chennai. For Petitioner(s): Mr.V.Parthiban for Mr.M.Rajavelu For Respondent(s): Mr. R.Muniyapparaj, Additional Public Prosecutor, Assisted By Mr. M.Sylvester John