Madras High Court
HCP/1496/2026 of Velan alias Vadivel Vs The State of Tamil Nadu, Rep by its Additional Chi on 28 September 2026
HCP No. 1496 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. 1496 of 2026
CNR: {HCMA011889772026}
Velan alias Vadivel
S/o. Palani,
No.68, Vellaperichipudur,
Nagadevampalayam,
Gopichettipalayam Taluk,
Erode District.
..Petitioner(s)
Vs
1. The State of Tamil Nadu,
Rep by its Additional Chief Secretary to the Government Home Prohibition and Excise Department, Fort St.George, Chennai – 600009.
2. The District Magistrate and District Collector Erode, Erode District.
3. The Superintendent of Police
Erode, Erode District.
4. The Superintendent
Central Prison,
Coimbatore,
Coimbatore District.
5. The Inspector of Police
Gopichettipalayam,
All Women Police Station,
Gobichettipalayam.
..Respondent(s)
HCP No. 1496 of 2026
PRAYER:
Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for a Writ of Habeas Corpus, calling upon the production of the records relating to the detention other date 29-1-2026 made in Cr.M.P.No.06/Sexual Offender/2026 C1 passed by the 2nd Respondent herein quash the same and direct the respondents to produce the petitioner Velan alias Vadivel, Son of Palani M/aged 46 years, who has been detained in Central Prison at Coimbatore before this Honorable Court and set at liberty.
For Petitioner(s):
Mr.C.Venkatesan
For Respondent(s):
Mr.M.Mohamed Riyaz,
Additional Public Prosecutor
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ORDER
(Order of the Court was made by N.Sathish Kumar J.) The petitioner, who is the detenu Velan alias Vadivel, Son of Palani, Male, aged about 46 years, has come forward with this petition challenging the detention order passed by the second respondent dated 29-01-2026 bearing reference Memo in Cr.M.P.No.06/Sexual Offender/2026 C1 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. We have heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. We have perused the materials submitted by the detaining authority.
HCP No. 1496 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 adverse case and no bail application has been moved by the detenu 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 while passing the impugned detention order, arrived at the subjective satisfaction regarding imminent possibility of coming out on bail by stating that the detenu may file another bail application in the aforesaid ground case before the Court concerned. Whereas, there is no statement recorded under Section 180(3) of Bharatiya Nagarik Suraksha Sanhita, 2023, to show that the detenu or his relatives are intending to file bail application in the ground case.
5. A perusal of the booklet indicates that no statement of the relatives of the detenu is available to show that they are taking steps to file bail application
HCP No. 1496 of 2026
in respect of the ground case. Therefore, the same shows 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 and hence, the impugned preventive detention order deserves to be dislodged.
6. In the result, this Habeas Corpus Petition is allowed and the detention order passed by the second respondent dated 29-01-2026 bearing reference Memo in Cr.M.P.No.06/Sexual Offender/2026 C1 is hereby set aside and the detenu viz. Velan alias Vadivel, Son of Palani, Male, aged about 46 years, who is detained at Central Prison, Coimbatore, 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 SSI Note to Office: Registry to communicate this order to Jail authorities in Central Prison, Coimbatore, forthwith.
HCP No. 1496 of 2026
To:
1. The State of Tamil Nadu, Rep by its Additional Chief Secretary to the Government Home Prohibition and Excise Department, Fort St.George, Chennai – 600009.
2. The District Magistrate and District Collector Erode, Erode District.
3. The Superintendent of Police Erode, Erode District.
4. The Superintendent Central Prison, Coimbatore, Coimbatore District.
5. The Inspector of Police Gopichettipalayam, All Women Police Station, Gobichettipalayam.
6. The Joint Secretary to Government, Public (Law and Order), Fort St.George, Chennai – 9.
7. The Public Prosecutor, High Court of Madras.
HCP No. 1496 of 2026
N.SATHISH KUMAR, J. AND K.RAJASEKAR, J. SSI HCP No. 1496 of 2026 28-09-2026