Savithiri v. The Secretary to the Government

ORDER (Order of the Court was made by Sunder Mohan J.) The wife of the detenu – Senthilnathan, aged 44 years S/o.Kuppusamy, has filed this petition challenging the detention order dated 29.09.2025, branding him as a 'Sexual Offender' under Section 2(ggg) of the Tamil Nadu Preventive Detention Act, 1982 (Act 14/1982).

¶2We have heard learned counsel for petitioner and learned counsel for Government of Tamil Nadu (Criminal Side) for respondents.

¶3Though 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. Page3 of 5

¶4In the grounds of detention, the detaining authority has stated that the detenu had moved a bail application before the Principal Sessions Judge, Ranipet in C.M.P.No.1290 of 2025 and the same was dismissed on 16.09.2025. He had further observed that the detenu's relatives are taking steps to take him out on bail by filing another bail application. However, admittedly, there was no material placed before the detaining authority that the detenu or his relatives were taking steps to file a bail application. In such circumstances, inference of the detaining authority that the detenu is likely to file a bail application and come out on bail is his mere ipse dixit. Since the satisfaction arrived at by the detaining authority is without basis, the conclusion that the detenu would indulge in further criminal activities, is vitiated. For the above mentioned reason, the detention order is liable to be quashed.

5.Accordingly, this Habeas Corpus Petition is allowed and the Detention Order passed by the second respondent in Detention Order in B3/D.O.No.86/2025 dated on 29.09.2025 is set aside. Page4 of 5

¶6The detenu, viz., Senthilnathan, aged 44 years S/o.Kuppusamy,, now confined in Central Prison, Vellore, 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.) 04-06-2026 Index: Yes/No Speaking/Non-speaking order Note: Issue Order Copy today. dk To

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

¶2District Collector and District Magistrate of Ranipet District, Ranipet-1

¶3The Superintendent of Police Ranipet District, Ranipet.

¶4The Superintendent of Prison Central Prison, Vellore.

¶5The Inspector of Police All Women Police Station, Ranipet and District

6.The Joint Secretary, Law and Order Department, Secretariat, Chennai – 600 009.

¶7The Public Prosecutor, High Court of Madras. HCPoNo.2299oofo2025 DR.ANITAoSUMANTH,oJ. AND SUNDERoMOHAN,oJ. dk HCPoNo.o2299oofo2025 04-06-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 04-06-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN HCP No. 2299 of 2025 Savithiri W/o.Senthinathan No.17, Perumal Koil Street, Walajapet and Taluk, Ranipet District. ...Petitioner/Wife of the Detenu Vs 1. The Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009. 2. District Collector and District Magistrate of Ranipet District, Ranipet-1. 3. The Superintendent of Police, Ranipet District, Ranipet. 4. The Superintendent of Prison, Central Prison, Vellore. 5. The Inspector of Police All Women Police Station, Ranipet and District. ...Respondents Prayer : Petition filed under Article 226 of Constitution of India praying for issuance of Writ of Habeas Corpus, calling for the records in connection with the order of detention passed by the second respondent dated 29.09.2025 in Page2 of 5 B3/D.O.No.86/2025 against the petitioner husband Senthilnathan, Male aged 44 years S/o.Kuppusamy, who is confined at Central Prison, Vellore and set aside the same and direct the respondents to produce the detenu before the Court and set him at liberty. For Petitioner: Mr.P.Raman For Respondents: Mr.C.R.Malarvannan Counsel for Government of Tamil Nadu (Criminal Side)