Sumathi v. The Secretary to Government

O R D E R (Order of the Court was made by P.VELMURUGAN, J.) The petitioner, who is the mother of the detenu, viz., Karthik @ Medu Karthik, S/o.Baskar, aged about 24 years, who is now confined at Central Prison, Puzhal, Chennai, has come forward with this petition challenging the detention order passed by the second respondent in No.272/BCDFGISSSV/2025 dated 21.05.2025, branding him as "Goonda" under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber Law Offenders, Drug offenders, Forest offenders, Goondas, Immoral Traffic offenders, Sand offenders, Sexual Offenders, Slum Grabbers and Video Pirates Act, 1982 [Tamil Nadu Act 14 of 1982] read with the orders issued by the Government in G.O.(D).No.97 Home Prohibition and Excise

(XVI) Department dated 11.04.2025 under Sub Section (2) of Section 3 of the said Act.

¶2We have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. We have also perused the records produced by the Detaining Authority.

¶3Though several grounds have been raised by the learned counsel for the petitioner, the main contention is that the detention order is liable to be quashed on the ground that the FIR in the similar case relied upon by the detaining authority to arrive at its subjective satisfaction regarding the likelihood of the detenu coming out on bail in both ground and adverse cases, found at Page Nos.91 to 95 in the booklet supplied to the detenu are illegible. The supply of illegible documents has prevented the detenu from making an effective representation against the impugned order of detention, thereby vitiating the detention order.

¶4The learned Additional Public Prosecutor appearing for the respondents submitted that this Court, by order dated 19.09.2025 in H.C.P.No.1276 of 2025, had already quashed the detention order passed against the co-accused.

¶5On a perusal of the Booklet supplied to the detenu, it is seen that page nos.91 to 95, containing the FIR in the similar case in Crime No.407 of 2024, are illegible. The furnishing of such illegible copies has clearly prejudiced the detenu in making an effective and meaningful representation against the impugned order of detention dated 21.05.2025. Moreover, the detention order against the co-accused was already quashed by this Court in H.C.P.No.1276 of 2025, by order dated 19.09.2025.

¶6In view of the aforesaid facts, this Court is of the view that the detention order is liable to be quashed on these grounds.

¶7In the result, the Habeas Corpus Petition is allowed and the detention order passed by the second respondent in No.272/BCDFGISSSV/2025 dated 21.05.2025 is hereby set aside. The detenu, viz., Karthik @ Medu Karthik, S/o.Baskar, aged about 24 years, who is now confined in the Central Prison, Puzhal, Chennai, is hereby directed to be set at liberty forthwith unless his presence is required in connection with any other case. [P.V.,J.] [M.J.R.,J.]

29.01.2026 Index: Yes/No ms To

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

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

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

¶4The Inspector of Police, V-6 Kolathur Police Station, Kolathur, Chennai.

¶5The Public Prosecutor

High Court, Madras. P.VELMURUGAN, J., AND M.JOTHIRAMAN, J., ms H.C.P.No.2406 of 2025

29.01.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 29.01.2026 CORAM THE HONOURABLE MR.JUSTICE P.VELMURUGAN AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN H.C.P.No.2406 of 2025 Sumathi W/o.Baskar ... Petitioner Versus 1. The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai – 600 009. 2. The Commissioner of Police, Greater Chennai, Vepery, Chennai. 3. The Superintendent, Central Prison, Puzhal, Chennai. 4. The Inspector of Police, V-6 Kolathur Police Station, Kolathur, Chennai. ...Respondents Prayer:- The Habeas Corpus Petition is filed under Article 226 of the Constitution of India for the issuance of a Writ of Habeas Corpus, against the detention order passed by the second respondent in No.272/BCDFGISSSV/2025 dated 21.05.2025, directing the respondents to produce the detenu Karthik @ Medu Karthik, S/o.Baskar, aged about 24 years, who is confined at Central Prison, Puzhal, Chennai before this Court and set him at liberty. For Petitioner : Mr.V.Pichaimuthu For Respondents : Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.M.Sylvester John