Madras High Court

HCP/1764/2026 of Janani Vs The Additional Chief Secretary to Government on 28 September 2026

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HCP No. 1764 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. 1764 of 2026

CNR: {HCMA012156492026}

Janani

W/o Abiyarasan,

No.2/15A, Manmathankoil Street,

Maruthampallam Village and Post,

Tharangambadi Taluk,

Mayiladuthurai District.

..Petitioner(s)

Vs

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

2. The District Collector and District Magistrate O/o The District Collector and District Magistrate, Mayiladuthurai District.

3. The Superintendent of Police

O/o The Superintendent of Police,

Mayiladuthurai District.

4. The Inspector of Police

Prohibition Enforcement Wing,

Mayiladuthurai (Incharge),

Prohibition Enforcement Wing,

Sirkazhi, Mayiladuthurai District.

5. The Superintendent of Prison

Central Prison,

Cuddalore.

..Respondent(s)

HCP No. 1764 of 2026

PRAYER:

Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for a Writ of Habeas Corpus, calling for the entire records connected with the detention order in C.O.C. No.18/2026 dated 25-6- 2026 on the file of the Respondent No.2 and quash the same as illegal and direct the Respondents to produce the body or person of the petitioner’s husband namely Abiyarasan, aged about 26 years son of Narayanasamy now confined at Central Prison, Cuddalore before this Honorable Court and set him at liberty.

For Petitioner(s):

Mr.U.Kathiravan

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 wife of the detenu Abiyarasan, Son of Narayanasamy, Male, aged about 26 years, has come forward with this petition challenging the detention order passed by the second respondent dated 25.06.2026 bearing reference Memo in C.O.C. No.18/2026 branding him as "Bootlegger" 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].

HCP No. 1764 of 2026

2. We have heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for respondents. We have also perused the records submitted by the detaining authority.

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, but the detenu has moved bail application in respect of the ground case before the learned District and Sessions Judge, Mayiladuthurai in Crl.M.P.No.715 of 2026, and the same was dismissed on 11.06.2026. Again, another bail petition in respect of the ground case has been filed in Crl.M.P.No.761 of 2026 and the same was also dismissed on 18.06.2026. Thereafter, he has not moved any bail petition 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 similar bail order in Crl.M.P.No.1465 of 2024, dated 25.06.2024.

HCP No. 1764 of 2026

5. In this regard, the learned counsel drew the attention this Court to the order in Crl.M.P.No.1465 of 2024, which is enclosed at Page No.31 of Volume II of the booklet. A perusal of the said order shows that the facts of that case are entirely different and not similar in nature and 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.

6. In the result, this Habeas Corpus Petition is allowed and the detention order passed by the second respondent dated 25.06.2026 bearing reference Memo in C.O.C. No.18/2026 is hereby set aside and the detenu viz. Abiyarasan, Son of Narayanasamy, Male, aged about 26 years, who is detained at Central Prison, Cuddalore, 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, Cuddalore, forthwith.

HCP No. 1764 of 2026

To:

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

2. The District Collector and District Magistrate O/o The District Collector and District Magistrate, Mayiladuthurai District.

3. The Superintendent of Police O/o The Superintendent of Police, Mayiladuthurai District.

4. The Inspector of Police Prohibition Enforcement Wing, Mayiladuthurai (Incharge), Prohibition Enforcement Wing, Sirkazhi, Mayiladuthurai District.

5. The Superintendent of Prison Central Prison, Cuddalore.

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. 1764 of 2026

N.SATHISH KUMAR, J. AND K.RAJASEKAR, J. SSI HCP No. 1764 of 2026 28-09-2026

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