Madras High Court

HCP/1225/2026 of Ilayaraja Vs The Secretary To The Government on 28 September 2026

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HCP No. 1225 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28-09-2026

CORAM

THE HON'BLE MR JUSTICE N. SATHISH KUMAR

AND

THE HON'BLE MR.JUSTICE K.RAJASEKAR

HCP No. 1225 of 2026

CNR:{HCMA011408472026}

Ilayaraja

S/o Manjappan,

NO.3/48/11, Kilakku Theru,

Puliyankurichi Post,

Thalaivasal Taluk, Salem.

Now detained as

TPDA Prisoner, Central Prison,

Salem.

..Petitioner(s)

Vs

1. The Secretary to the Government

Home Prohibition and Excise Department,

Secretariat, Chennai – 600009.

2. The District Magistrate and District Collector Salem.

3. The Superintendent of Police

Salem.

4. The Superintendent

Central Prison,

Salem.

5. The Inspector Of Police

AWPS, Attur, Salem.

..Respondent(s)

HCP No. 1225 of 2026

Habeas Corpus Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus to call for the records in

C.M.P.No.10/Sexual Offender/C2/2026 passed by the second respondent dated 01.05.2026 and set aside the same and direct the respondents to produce the detenu viz. Ilayaraja, S/o.Manjappan, aged about 33 years, who is detained in Central Prison, Salem, before this Court and set the detenu at liberty.

For Petitioner(s):

Mr.R.Ganesh

For Respondent(s):

Mr.M.Mohamed Riyaz

Additional Public Prosecutor

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ORDER

(made by N.Sathish Kumar J.) The petitioner, who is the detenu Ilayaraja, S/o.Manjappan, aged about 33 years, has come forward with this petition challenging the detention order passed by the second respondent dated 01.05.2026 in C.M.P.No.10/Sexual Offender/C2/2026 branding him as "Sexual Offender" under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982 [Tamil Nadu Act 14 of 1982].

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

HCP No. 1225 of 2026

3. Though several grounds have been raised by the petitioner in the habeas corpus petition assailing the detention order, in the hearing, learned counsel for the petitioner confined his argument only with regard to non- application of mind on the part of the detaining authority in arriving at the subjective satisfaction regarding imminent possibility of detenu being enlarged on bail while passing the impugned order of detention.

4. The learned counsel for the petitioner submitted that the detenu was arrested and remanded to judicial custody in connection with the ground case and one adverse case, but, the detenu has not moved any bail application in respect of the ground case so far and therefore, there is no real possibility of the detenu coming out on bail in the near future. However, the detaining authority while passing the impugned detention order, arrived at the subjective satisfaction regarding imminent possibility of coming out on bail by relying on a bail order in Crl.M.P.No.40 of 2021.

5. In this regard, the learned counsel drew the attention this Court to the order in Crl.M.P.No.40 of 2021, which is enclosed at Page No.14 in Volume-II of the booklet. A perusal of the said order shows that bail has been granted to the petitioner therein under Section 167(2) of Cr.P.C., which is a mandatory bail, since the investigating officer had not filed the charge sheet within the statutory period and the same cannot be relied on for the case of the

HCP No. 1225 of 2026

detenu. Therefore, the subjective satisfaction arrived at by the detaining authority regarding the imminent possibility of detenu being enlarged on bail shows clear non-application of mind. Therefore, the impugned preventive detention order deserves to be dislodged. In the result, this habeas corpus petition is allowed and the detention order passed by the second respondent dated 01.05.2026 in C.M.P.No.10/Sexual Offender/C2/2026 is hereby set aside and the detenu viz. Ilayaraja, S/o.Manjappan, aged about 33 years, is directed to be set at liberty forthwith unless he is required in connection with any other case. (N.S.K.,J.) (K.R.S.,J.) 28-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No nsd

HCP No. 1225 of 2026

To

1. The Secretary to the Government Home Prohibition and Excise Department, Secretariat, Chennai – 600009.

2. The District Magistrate and District Collector Salem.

3. The Superintendent of Police Salem.

4. The Superintendent Central Prison, Salem.

5. The Inspector Of Police AWPS, Attur, Salem.

6. The Joint Secretary, Law and Order, Public Department, Secretariat, Chennai.

7. The Public Prosecutor, Madras High Court, Chennai.

HCP No. 1225 of 2026

N.SATHISH KUMAR J. AND K.RAJASEKAR J. nsd HCP No. 1225 of 2026 28-09-2026

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