Senthazhai v. The Secretary to the Government,

Order (Order of the Court was made by Sunder Mohan J.) The mother of the detenu-Kavisandilyan, branded as 'Goonda' under Section 2(f) of the Tamil Nadu Act 14 of 1982, has filed this petition challenging the detention order dated 19.08.2025.

2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents.

3.Learned counsel for the petitioner would submit that the impugned order is liable to be quashed on the ground that the subjective satisfaction of the detaining authority that the detenu is likely to be released on bail and indulge in criminal activities is without any basis and the order furnished to the detenu, Page2 of 5 passed in a similar case where bail was granted, on which reliance has been placed by him, is not legible.

4.It is seen from the grounds of detention that the detenu's bail application in Cr.M.P.No.1169 of 2025 was dismissed on 21.08.2025. There was no material before the detaining authority for him to observe that the detenu is likely to file a bail application. The said observation is his ipse dixit. That apart, we find that the order relied upon by the detaining authority in similar case in Crl.M.P.No.387 of 2025 furnished to the detenu is not legible, thereby denying the detenu his valuable right to make effective representation.

5.Therefore, for the aforesaid reasons, we are of the view that the Detention Order passed by the second respondent in B3/D.O.No.70/2025, dated

22.08.2025 is liable to be set aside and accordingly set aside. This Habeas Corpus Petition is allowed.

6.The detenu, viz., Kavisandilyan, S/o. Sakthi, aged 22 years, now confined in Central Prison, Vellore, 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.) sl 26-03-2026 Index: Yes/No Speaking/Non-speaking order Note: Registry is directed to issue a copy of this order today. (i.e., 26.03.2026) Page3 of 5 To

¶1The Secretary to the Government, Home Prohibition and Excise Dept, Secretariat, Chennai - 600009.

¶2District 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 PEW Police Station, Ranipet District.

¶6The Joint Secretary, Law and Order Department, Secretariat, Chennai-9.

¶7The Public Prosecutor, High Court, Madras. Page4 of 5 HCPoNo.o2038oofo2025 DR.ANITAoSUMANTHoJ. AND SUNDERoMOHANoJ. sl HCPoNo.o2038oofo2025 26-03-2026 Page5oofo5

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 26-03-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN Senthazhai W/o. Sakthi, No.3/34, New Street, G.M.Nagar, Puthupadi Village, Arcot Taluk, Ranipet District. ..Petitioner(s) Vs 1. The Secretary to the Government, Home Prohibition and Excise Dept, Secretariat, Chennai - 600009. 2. 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 PEW Police Station, Ranipet District. ..Respondent(s) Page1 of 5 Prayer: Habeas Corpus petition filed under Article 226 of Constitution of India for issuance of a Writ of Habeas Corpus or any other writ or order in the nature of Writ call for the records in connection with the order of Detention passed by the Second respondent dated 22.08.2025 in B3/D.O.No.70/2025 against the petitioner Son Kavisandilyan, male aged 22 years S/o. Sakthi Who is Confined at Central prison, Vellore and Set aside the same and direct the respondents to produce the detenue before the Hon'ble Court and set him at liberty. For Petitioner(s): Mr.P.Raman for Mr.D.Balaji For Respondent(s): Mr. S. Raja Kumar Additional Public Prosecutor Assisted By Mr. M. Sylvester John