Madras High Court
Harsan Puri vs The State Of Tamilnadu on 28 April, 2026
Author: Anita Sumanth
Bench: Anita Sumanth
HCP No. 2077 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28-04-2026
CORAM
THE HON'BLE DR.JUSTICE ANITA SUMANTH
AND
THE HON'BLE MR.JUSTICE SUNDER MOHAN
HCP No. 2077 of 2025
Harsan Puri
..Petitioner(s)
Vs
1. The State of Tamil Nadu
Rep. by its The Principal Secretary to the,
Government, Home, Prohibition and Excise
Department, Secretariat, Chennai -09.
2. The Commissioner of Police Greater Chennai,
Greater Chennai, Goondas Section,
O/o. The Commissioner of Police,
Vepery, Chennai -07.
3. The Superintendent of Prison,
Puzhal Central Prison,
Chennai - 66.
4. The Inspector of Police,
T-5, Vanagarm Police Station,
Chennai.
..Respondent(s)
Prayer: Petition filed under Article 226 of Constitution of India praying for
issuance of Writ of Habeas Corpus, to call for the records of the detention order
dated 09.09.2025 in Memo No.653/BBCDEFGISSSV/2025 on the file of the 2 nd
respondent herein and set aside the same and direct the respondents to produce
the brother of the petitioner Thiru.Lakshman Puri S/o.Babath Puri, aged about
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HCP No. 2077 of 2025
22 years, now confined at Central Prison, Puzhal, Chennai and set the detenu at
liberty.
For Petitioner(s): Mr.S.Madhusudanan
For Respondent(s): Mr. R.Muniyapparaj,
Additional Public Prosecutor,
Assisted By
Mr. M.Sylvester John
ORDER
(Order of the Court was made by Sunder Mohan J.) The brother of the detenu – Lakshmanpuri, S/o.Babath Puri, aged 22 years, has filed this petition challenging the detention order dated 09.09.2025, branding him as ‘Goonda’ under Section 2(f) of the Tamil Nadu Preventive Detention Act, 1982 (Act 14/1982).
2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents.
3. Though several grounds have been raised, we are of the view that the detention order is liable to be quashed on the ground that the satisfaction of the detaining authority as regards the real possibility of the detenu coming out on bail suffers from non-application of mind.
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4. In the grounds of detention, the detaining authority has stated that the detenu had moved a bail application before the Principal District and Sessions Judge, Thiruvallur in Crl.M.P.No.3483 of 2025 and the same came to be dismissed. He had further observed that the sponsoring authority had stated that his relatives are taking steps to take him out on bail.
5. We find from the statement of a relative that it is not signed. We have in HCP No. 1684 of 2025, dated 01.04.2026, held that, the unsigned statement cannot be relied upon to infer that the detenu is likely to file bail application.
6.Therefore, the reliance placed on the said statement by the detaining authority to arrive at the satisfaction that there is a real possibility of the detenu coming out on bail is misconceived. Thus the inference that the detention is warranted since the detenu is likely to indulge in further criminal activities after his release on bail is based on the said wrong premise. Hence, the detention order is liable to be quashed.
7.In light of the above discussion, this Habeas Corpus Petition is allowed and the Detention Order passed by the second respondent in Detention Order Memo No.653/BBCDEFGISSSV/2025, dated 09.09.2025 is set aside.
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8.The detenu, viz., Lakshmanpuri, S/o.Babath Puri, aged 22 years, now confined in Central Prison, Puzhal, Chennai, is directed to be set at liberty forthwith, unless his presence is required in connection with any other case.
(A.S.M.,J.) (S.M.,J.) 28-04-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No Note: Issue Order Today TSG To
1. The State of Tamil Nadu Rep. by its The Principal Secretary to the, Government, Home, Prohibition and Excise Department, Secretariat, Chennai -09.
2. The Commissioner of Police Greater Chennai, Greater Chennai, Goondas Section, O/o. The Commissioner of Police, Vepery, Chennai -07.
3. The Superintendent of Prison, Puzhal Central Prison, Chennai - 66.
4. The Inspector of Police, T-5, Vanagarm Police Station, Chennai.
5. The Public Prosecutor, Madras High Court.
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6. The Joint Secretary to Government, Public (Law and Order), Secretariat, Fort.St. George, Chennai – 9.
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AND SUNDER MOHAN, J.
TSG HCP No. 2077 of 2025 28-04-2026 | __________ Page 6 of 6 https://www.mhc.tn.gov.in/judis