Madras High Court
HCP(MD)/1155/2026 of Priyadharshini Vs The State of Tamilnadu on 11 November 2026
HCP(MD) No. 1155 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. 1155 of 2026
CNR:{HCMD011258092026}
Priyadharshini
D/o.Muthukaruppan,
Veeranenthal,
Palaiyanur,
Thirubuvanam,
Sivagangai.
..Petitioner(s)
Vs
1. The State of Tamilnadu
Rep by,
The Additional Chief Secretary to Government, Home, Prohibition and Excise Dept, Fort St.George, Chennai - 9.
2. The District Collector and District Magistrate Sivagangai District.
3. The Superintendent of Police
Sivagangai District.
4. The Superintendent
Central Prison,
Madurai.
5. The Inspector of Police
Singampunari Police Station,
Sivagangai District.
..Respondent(s)
HCP(MD) No. 1155 of 2026
PRAYER: This Petition filed under section TN Act 14 of 82 H2-GO.To call for the records relating to the detention order passed by the 2nd respondent pertaining to the order made in Cr.M.P.No.47/Goonda/2026
dated 25-06-2026 in detain the detenue under 2(f) of the Tamil Nadu Act 14 of 1982 as a Goonda and quash the same and direct the respondent to produce the detenue Naresh, son of Suresh, aged about 20 years, who is detained at District Jail, Ramanathapuram before this Court and set him at liberty.
For Petitioner(s)
:M/s Maheshraja K.
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 husband of the detenu viz., Naresh, aged about 20 years son of Suresh. The detenu has been detained by the second respondent by his order in Cr.M.P.No.47/Goonda/2026 dated 25-06-2026 holding him to be a "Goonda", as contemplated under Section 2(f) 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 25.06.2026 and at the time of passing the detention order, no bail application was pending. While so, the detaining authority relying on
HCP(MD) No. 1155 of 2026 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 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
HCP(MD) No. 1155 of 2026 the order of detention in Cr.M.P.No.47/Goonda/2026 dated 25-06-2026 passed by the second respondent is set aside. The detenu, viz.,Naresh, aged about 20 years son of Suresh, is directed to be released forthwith unless his detention is required in connection with any other case. (M.N.K.,J.) (N.G.N.,J.) 11-11-2026 CM
HCP(MD) No. 1155 of 2026 To
1. Rep by The Additional Chief Secretary to Government Home, Prohibition and Excise Dept Fort St.George Chennai - 9
2. The District Collector and District Magistrate Sivagangai District
3. The Superintendent of Police Sivagangai District
4. The Superintendent Central Prison Madurai
5. The Inspector of Police Singampunari Police Station Sivagangai District
6. The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai
HCP(MD) No. 1155 of 2026 M.NIRMAL KUMAR, J. AND N.GUNASEKARAN, J. CM HCP(MD) No. 1155 of 2026 11-11-2026