Madras High Court
Malathi vs The Additional Chief Secretary To ... on 28 April, 2026
Author: Anita Sumanth
Bench: Anita Sumanth
2026:MHC:1625
HCP No. 1896 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. 1896 of 2025
Malathi
W/o. Thavamani,
No.Indra Nagar, Kudisaipaguthi,
Kasimedu,
Chennai - 600013.
...Petitioner/Mother of
the detenu
Vs
1. The Additional Chief Secretary to Government,
Home, Prohibition and Excise Dept,
Secretariat,
St.George Fort,
Chennai – 600009.
2. The Commissioner of Police,
Greater Chennai,
Chennai.
3. The Superintendent of Police,
Central Prison Puzhal, II,
Chennai – 600 066.
4. The Inspector of Police,
N-4, Fishing Harbour Police Station,
Chennai.
...Respondents
__________
Page1 of 5
https://www.mhc.tn.gov.in/judis
HCP No. 1896 of 2025
Prayer : Petition filed under Article 226 of Constitution of India praying for
issuance of Writ of Habeas Corpus, calling for the records relating to the
detention order BBCDEFGISSSV 618/2025 dated 28.08.2025, passed by the
2nd respondent and quash the same and to produce the petitioner’s son
Mr.Anushkumar @ Uppu, S/o. Thavamani, aged about 21 years, the detenue
now confined in central Prison, Puzhal II, before this Court and set the
petitioner’s son Mr.Anushkumar @ Uppu, S/o. Thavamani aged about 21 years
the detenue herein at liberty.
For Petitioner : Mr.D.Sugumar
For Respondents: Mr.R.Muniyapparaj
Additional Public Prosecutor
Assisted by
Mr.M.Sylvester John
ORDER
(Order of the Court was made by Sunder Mohan J.) The mother of the detenu – Anushkumar @ Ooppu, S/o. Thavamani, aged 21 years, has filed this petition challenging the detention order dated 28.08.2025, branding him as ‘Goonda’ under Section 2(f) of the Tamil Nadu Preventive Detention Act, 1982 (Act 14/1982).
2. We have heard learned counsel for petitioner and learned Additional Public Prosecutor for 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.
__________ Page2 of 5 https://www.mhc.tn.gov.in/judis HCP No. 1896 of 2025
4. The detaining authority has relied upon a statement said to have been made by the mother of the detenu, under Section 180(3) of the BNSS that she is taking steps to file a bail application in the ground case. However, we find that the statement of the mother of the detenu is unsigned. We have in HCP No. 1684 of 2025 vide order dated 01.04.2026, held that, the unsigned statement cannot be relied upon to infer that the detenu is likely to file bail application.
5. 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. Therefore 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.
6. In light of the aforesaid discussion, this Habeas Corpus Petition is allowed and the Detention Order passed by the second respondent in No.618/BBCDEFGISSSV/2025 dated 28.08.2025 is set aside.
7. The detenu, viz.,Anushkumar @ Ooppu, S/o. Thavamani, aged 21 years, who is now confined in Central Prison, Puzhal, Chennai, is hereby 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 __________ Page3 of 5 https://www.mhc.tn.gov.in/judis HCP No. 1896 of 2025 dk Note: Issue Order Today.
To
1. The Additional Chief Secretary to Government, Home, Prohibition and Excise Dept, Secretariat, St.George Fort, Chennai – 600009.
2. The Commissioner of Police Greater Chennai, Chennai.
3. The Superintendent of Police, Central Prison Puzhal, II, Chennai - 600066.
4. The Inspector of Police N-4, Fishing Harbour Police Station, Chennai.
5. The Joint Secretary, Law and Order Department, Secretariat, Chennai.
6. The Public Prosecutor High Court of Madras.
__________ Page4 of 5 https://www.mhc.tn.gov.in/judis HCP No. 1896 of 2025 DR.ANITA SUMANTH, J.
AND SUNDER MOHAN, J.
dk HCP No. 1896 of 2025 28-04-2026 __________ Page5 of 5 https://www.mhc.tn.gov.in/judis