Madras High Court
HCP(MD)/1056/2026 of T. Selvi Vs The State of Tamilnadu on 11 November 2026
HCP(MD) No. 1056 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 11-11-2026
CORAM
THE HON'BLE MR. JUSTICE M. NIRMAL KUMAR
AND
THE HON'BLE MR.JUSTICE N.GUNASEKARAN
HCP(MD) No. 1056 of 2026
CNR:{HCMD011121752026}
T. Selvi
W/o.Thekshinamoorthi,
D.No.152, Sethupathi Nagar,
Elanchempur,
Mudukalathoor Taluk,
Ramanathapuram district.
..Petitioner(s)
Vs
1. The State of Tamilnadu
Rep by,
The Additional Chief Secretary to Government, Home, Prohibition and Excise dept, Chennai - 9.
2. The District Collector and District Magistrate O/o.The District Collector and District Magistrate, Ramanathapuram District.
3. The Superintendent
Central Prison,
Madurai.
..Respondent(s)
PRAYER: This Petition filed under section TN Act 14 of 82 H2-DO.To call for records pertaining to the proceedings of the 2nd respondent made in his proceedings in S.R.No.23/D.O/2026 dated 03.07.2026 and quash the same and set petitioner's son by name Muneeswaran, __________
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HCP(MD) No. 1056 of 2026
S/o.Thetchinamoorthi, aged about 25 years, set him at liberty from the third respondent.
For Petitioner(s)
:M/s C.Prithviraj
For Respondent(s)
:Mr.G.Karuppasamy Pandiyan
Additional Public Prosecutor
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ORDER
(Order of the Court was made by N.GUNASEKARAN J.) The petitioner is the mother of the detenu viz., Muneeswaran, aged about 25 years S/o.Thetchinamoorthi. The detenu has been detained by the second respondent by his order in S.R.No.23/D.O/ 2026 dated 03.07.2026 holding him to be a "Drug Offender", as contemplated under Section 2(e) of Tamil Nadu Act 14 of 1982. The said order is under challenge in this habeas corpus petition.
2. Learned counsel for the petitioner would submit that the detenu was arrested on 28.05.2026 and the detention order was passed on 03.07.2026 and the detenu had not filed any application for bail. While so, the detaining authority relying on another case stating it to be a similar case, has inferred that there is a real possibility of the detenu coming out on bail. The subjective satisfaction recorded by the authority without disclosing the facts of the other case and without any supporting __________
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HCP(MD) No. 1056 of 2026 material, is a mere ipse dixit. Hence, he prays for setting aside the impugned detention order.
3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents and perused the materials available on record.
4. When no such bail application has been filed by the detenu, there is no likelihood of the detenu being released on bail. Therefore, the subjective satisfaction arrived at by the detaining authority is ipse dixit. Further, the similar case relied on also does not pertain to a co-accused and it pertains to a different crime number. Further, the present case is squarely covered by the judgment of the Hon'ble Supreme Court in Alagu vs The State of Tamil Nadu reported in 2026 SCC OnLine SC 976 : (2026) SCC 976. Therefore, we are inclined to interfere with the impugned order.
5. In the result, the Habeas Corpus Petition is allowed and the order of detention in S.R.No.23/D.O/2026 dated 03.07.2026 passed by the second respondent is set aside. The detenu, viz.,Muneeswaran, aged about 25 years S/o.Thetchinamoorthi,, is directed to be released __________
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HCP(MD) No. 1056 of 2026 forthwith unless his detention is required in connection with any other case. (M.N.K.,J.) (N.G.N.,J.) 11-11-2026 CM __________
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HCP(MD) No. 1056 of 2026 To
1. Rep by The Additional Chief Secretary to Government Home, Prohibition and Excise dept Chennai - 9
2. The District Collector and District Magistrate O/o.The District Collector and District Magistrate Ramanathapuram District
3. The Superintendent Central Prison Madurai
4. The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai __________
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HCP(MD) No. 1056 of 2026 M.NIRMAL KUMAR, J. AND N.GUNASEKARAN, J. CM HCP(MD) No. 1056 of 2026 11-11-2026 __________
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