Boomani v. The State of Tamil Nadu

O R D E R (Order of the Court was made by G.K. ILANTHIRAIYAN,J.) The petitioner is the wife of the detenu viz., Selvakumar, S/o.Duraisamy, aged about 40 years. The detenu has been detained by the second respondent by his order in Cr.M.P.No.62/2025, dated 12.07.2025 holding him to be a "Sexual Offender", as contemplated under Section 2(ggg) of 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.

¶3The learned counsel for the petitioner raised the grounds that the detenue was arrested and remanded to judicial custody on

03.07.2025, but the detention order was passed only on 12.07.2025. There was a delay of 9 days between the arrest of the detenue and passing of the detention order. Further, there was no close proximity reason to detain the detenue under Act 14.

¶4On perusal of the records and submissions made on either side, it was revealed that the detenue committed a serious and heinous offence as against the minor girl. Therefore, the Sponsoring Authority registered an FIR in Crime No.24 of 2025 for the offences under Sections 5(m), 5(n), 5(j)(ii) r/w 6(i) of POCSO Act and 351(3) of BNS. The petitioner is being an offender of sexual offence, the Investigating Officer ought to have recorded the statement from the victim and the medical evidence. That apart, within 9 days from the date of arrest, the detention order was passed. Therefore, there is absolutely no delay in passing the detention order.

¶5In view of the above, this Court finds no infirmity or illegality in the detention order and hence, this Habeas Corpus Petition is dismissed.

[G.K.I., J.] [R.P., J.]

18.02.2026

apd NCC :Yes/No Index: Yes/No Internet: Yes/No To

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

2.The District Collector and District Magistrate, Tiruchirappalli District, Tiruchirappalli.

3.The Superintendent of Prison, Central Prison, Tiruchirappalli.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. G.K. ILANTHIRAIYAN,J. AND R. POORNIMA,J. apd

18.02.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.02.2026 CORAM: THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN AND THE HONOURABLE MS.JUSTICE R. POORNIMA Boomani ... Petitioner/ Wife of the Detenu -vs- 1.The State of Tamil Nadu, Rep. by the Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Chennai - 600 009. 2.The District Collector and District Magistrate, Tiruchirappalli District, Tiruchirappalli. 3.The Superintendent of Prison, Central Prison, Tiruchirappalli. ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus, calling for the records relating to the Detention order passed by the second respondent in detention order in Cr.M.P.No.62/2025, dated 12.07.2025 in detaining the detenue under Section 2(ggg) of the Tamil Nadu Act 14 of 1982 as a Sexual Offender and quash the same and direct the respondents to produce the detenu namely Sivakumar, S/o.Duraisamy, aged about 40 years (now detained at Central Prison, Tiruchirappalli) before this Court and set him at liberty. For Petitioner : Mr.K.M.Karunakaran For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor