M.Sangeetha v. The State of Tamilnadu

ORDER (Order of the Court was made by N. ANAND VENKATESH,J.) The petitioner is the sister of the detenu, viz., Bharathi alias Surya, S/o.Ganesan, aged about 25 years. The detenu has been detained by the second respondent by his order in No.57/BCDFGISSSV/2025, dated

12.07.2025, holding him to be a "Goonda" as contemplated under Section 2(f) of the Tamil Nadu Act 14 of 1982. The said order is under challenge in this Habeas Corpus Petition.

¶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 in the Habeas Corpus Petition, one of the grounds urged by the learned counsel for the petitioner is that the Detaining Authority was aware of the fact that the detenue has not moved any bail application in some of the adverse cases as well as in the ground case. However, the Detaining Authority took into consideration the order passed in Crl.M.P.No.1538 of 2024, dated 29.07.2024 and came to the conclusion that it is a similar case, where bail was granted and hence, there is a likelihood of the detenue coming out on bail. The learned counsel for the petitioner submitted that the order relied upon, is not a similar case and therefore, the detention order passed by the second respondent, dated

12.07.2025 suffers from non application of mind.

¶4In the case in hand, there are six adverse cases apart from the ground case against the detenue. On carefully going through the order passed in Crl.M.P.No.1538 of 2024, dated 29.07.2024, it is seen that in that case, the investigation has been completed and the case was at the stage of committal. That apart, the stolen property had been recovered and the Court also took into consideration the period of incarceration suffered by the accused. In the case in hand, the investigation was pending and the property was not recovered and therefore, the order passed in Crl.M.P.No.1538 of 2024, dated 29.07.2024 cannot be considered to be a similar case. Thus, the detention order passed by the second respondent, dated 12.07.2025, suffers from non application of mind.

¶5In the result, the Habeas Corpus Petition is allowed and the order of detention in No.57/BCDFGISSSV/2025, dated 12.07.2025, passed by the second respondent is set aside. The detenu, viz., Bharathi alias Surya, S/o.Ganesan, aged about 25 years, is directed to be released forthwith, unless his detention is required in connection with any other case.

(N.A.V.,J..) (K.K.R.K.,J.,)

02.04.2026 Index : Yes / No Internet : Yes / No Indu To

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

2.The Commissioner of Police, Tirunelveli City, Tirunelveli.

3.The Superintendent of Prison, Central Prison, Palayamkottai, Tirunelveli.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

N. ANAND VENKATESH,J. AND K.K.RAMAKRISHNAN,J. Indu

H.C.P.(MD)No.197 of 2026

02.04.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.04.2026 CORAM THE HON'BLE MR JUSTICE N.ANAND VENKATESH AND THE HON'BLE MR JUSTICE K.K.RAMAKRISHNAN H.C.P.(MD)No.197 of 2026 M.Sangeetha .. Petitioner/Sister of the detenu Vs. 1.The State of Tamilnadu, Rep by the Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai 600 009. 2.The Commissioner of Police, Tirunelveli City, Tirunelveli. 3.The Superintendent of Prison, Central Prison, Palayamkottai, Tirunelveli. .....Respondents Prayer :Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, to call for the entire records connected with the detention order passed in No.57/BCDFGISSSV/2025, dated 12.07.2025 on the file of the 2nd respondent herein and quash the same and direct the respondents to produce the detenue or body of the detenue namely the petitioner's son i.e Bharathi alias Surya, S/o.Ganesan, aged about 25 years, now detained at the Central Prison, Palayamkottai, before this Court and set him at liberty forthwith. For Petitioner : Mr.N.Pragalathan For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor