HCP/1461/2026 of Kulandhaivel Vs The State of Tamil Nadu Represented by Additional on 28 September 2026

ORDER

(Order of the Court was made by N.Sathish Kumar J.) The petitioner, who is the father of the detenu Ramajeyam, Son of Kulanthaivel, Male, aged about 38 years, has come forward with this petition challenging the detention order passed by the second respondent dated 26.03.2026 vide proceedings in C.M.P.No.17/GOONDA/2026/(M1) slapped on his son, branding him as "Goonda" 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. We have heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. We have perused the materials produced by the detaining authority.

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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 passing the impugned order of detention.

4. The learned counsel for the petitioner submitted that the detenu has been remanded to judicial custody in connection with the ground case, but the detenu has not moved any bail application in respect of the ground case and therefore, there is no real possibility of the detenu coming out on bail in the near future. However, the detaining authority after quoting that the detenu has not filed any bail application in respect of the ground case, but by relying on a case registered in Crime No.2 of 2019 on the file of Udhagamandalam, Devala All Women, the Nilgirs District Police Station, wherein bail has been granted to the accused concerned, has come to the conclusion that there is a real possibility of the detenu coming out on bail by filing bail application either by himself or through his relatives, in an appropriate Court.

5. Per contra, learned Additional Public Prosecutor while reiterating the averments in the counter affidavit submits that the order of detention has been passed on cogent and sufficient materials and the same cannot be interfered with at the instance of the petitioner.

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6. Considering the submissions made by both sides, this Court is of the considered view that there is non application of mind on the part of the detaining authority while passing the impugned order. Admittedly, in the ground case, no bail application has been filed by the detenu or by his relatives so far. If that be so, the subjective satisfaction arrived at by the detaining authority that there is real possibility of his coming out on bail would be mere ipse dixit and that would vitiate the order of detention.

7. It is a trite law that when no bail application is pending, it is only a logical conclusion that there is no likelihood of the person in custody would be released on bail. There are no materials available to show that a bail application is being moved, on behalf of the detenu, either by his relatives or by any other person, to take him out on bail. Thus, there is no real possibility of the detenu coming out on bail. Therefore, the conclusion of the detaining authority that there is a possibility of the detenu coming out on bail shows his non application of mind while passing the detention order. In such view of the matter, the impugned detention order is liable to be quashed.

8. In the result, this Habeas Corpus Petition is allowed and the detention order passed by the second respondent dated 26.03.2026 vide proceedings in C.M.P.No.17/GOONDA/2026/(M1) is hereby set aside. The detenu viz.,

HCP No. 1461 of 2026

Ramajeyam, Son of Kulanthaivel, Male, aged about 38 years, who is detained at Central Prison, Salem, is directed to be set at liberty forthwith unless his custody 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 SSI Note to Office: Registry to communicate this order to Jail authorities in Central Prison, Salem, forthwith. To:

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

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

3. The Superintendent of Police Namakkal District, Namakkal.

4. The Superintendent of Prison Central Prison, Salem.

5. The Inspector of Police Thiruchengode Rural Police Station,

6. The Joint Secretary to Government, Public (Law and Order), Fort St.George, Chennai – 9.

7. The Public Prosecutor, High Court of Madras.

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N.SATHISH KUMAR, J. AND K.RAJASEKAR, J. SSI HCP No. 1461 of 2026 28-09-2026