Arun Pandi v. Principal Secretary to Government (Home)

O R D E R [Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] The petitioner is the detenu viz., Arun Pandi son of Madurai Veeran, aged about 31 years. The detenu has been detained by the second respondent by his order in Detention Order No.20/BBCDEFGISSSV/2026 dated 10-03-2026 holding him to be a "Goonda", as contemplated under Section 2(f) of Tamil Nadu Act 14 of 1982. The said order is under challenge in this Habeas Corpus Petition. Page No.2 of 6

¶2We have heard the learned counsel appearing for the petitioner and the learned counsel for State of Tamilnadu (Crl.Side) appearing for the respondents. We have also perused the records produced by the Detaining Authority.

¶3The learned counsel for the petitioner would submit that the similar case relied on by the detaining authority to infer that there is a likelihood of the detenu coming out on bail, is not similar since in the similar case, the petitioner therein has no other case pending against him, whereas in the present case, the detenu has got two adverse cases pending against him. Hence, he prays for setting aside the impugned detention order.

¶4When the detenu has got two adverse cases pending against him, the detaining authority, relying upon some other case where the petitioner has no adverse case pending against him, inferred that there is a likelihood of the detenu coming out on bail. Therefore, the subjective satisfaction arrived at by the detaining authority is ipse dixit. Further, the present case is squarely covered by the judgment of the Hon'ble Supreme Page No.3 of 6 Court in Alagu vs The State of Tamil Nadu reported in 2026 SCC OnLine SC 976 : (2026) SCC 976. Therefore, we are inclined to interfere with the impugned order.

¶5In the result, the Habeas Corpus Petition is allowed and the order of detention in Detention Order No.20/BBCDEFGISSSV/2026 dated 10-03-2026 passed by the second respondent is set aside. The detenu namely, Arun Pandi son of Madurai Veeran, aged about 31 years, is directed to be released forthwith, unless his detention is required in connection with any other case. [A.D.J.C., J.] [R.P., J.]

06.08.2026

Index : Yes / No : Yes / No rm Page No.4 of 6 To:

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

¶2The Commissioner of Police, Madurai City.

¶3The Superintendent of Prison, Madurai Central Prison, Madurai.

4.The Inspector of Police, Sellur Police Station, Madurai.

¶5The Counsel for State of Tamilnadu (Crl.Side), Madurai Bench of Madras High Court, Madurai.

Page No.5 of 6

A.D.JAGADISH CHANDIRA, J. AND

R.POORNIMA, J. rm DATED : 06.08.2026 Page No.6 of 6

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.08.2026 CORAM: THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MS.JUSTICE R.POORNIMA HABEAS CORPUS PETITION(MD)No.773 of 2026 Arun Pandi ... Petitioner vs. 1. The Principal Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, Chennai-600 009. 2. The Commissioner of Police, Madurai City. 3. The Superintendent of Prison, Madurai Central Prison, Madurai. 4.The Inspector of Police, Sellur Police Station, Madurai. ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, calling for the entire records connected with the detention order of the 2nd respondent passed in No. Page No.1 of 6 20/BBCDEFGISSSV/2026 dated 10-03-2026 and quash the same and direct the respondents to produce the body or person of the detenu by name Arun Pandi son of Madurai Veeran, aged about 31 years, now detained as 'Goonda' at Madurai Central Prison, before this Court and set him at liberty forthwith. For Petitioner : Mr.M.Arun Prakash for M/s.M.Keerthi Prasanna For Respondents : Mr.G.Karuppasamy Pandiyan Counsel for State of Tamilnadu (Crl.Side)