L.Santhiya v. The Secretary to the Government

ORDER (Order of the Court was made by Sunder Mohan J.) The wife of detenu - Lakshmikanthan, aged 31 years, S/o.Manoharan, has filed this petition challenging the detention order dated 30.09.2025, branding him as a 'Goonda' under Section 2(f) 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.

¶4In the grounds of detention, the detaining authority has stated that the detenu had filed the bail application in Crl.M.P.No.4042 of 2025 before the Principal District and Sessions Judge, Thiruvallur, and the same is pending; and that in a similar case, bail was granted by this Court in Crl.OP.No.27950 of 2024 on 08.11.2024.

5.The detaining authority ought to have seen whether the facts in the bail order relied upon by him was comparable to the facts of the instant case. In the order relied upon by the detaining authority, the accused therein was granted bail because he had one previous case, whereas, in this case, the detenu has three adverse cases. Therefore, the reliance placed by the detaining authority on the said order, vitiates his subjective satisfaction as regards the possibility of the detenu coming out on bail. Hence, the detention order is liable to be quashed.

¶6In light of the aforesaid discussion, this Habeas Corpus Petition is allowed and the Detention Order passed by the second respondent in No.142/TNPD/APC/2025 dated 30.09.2025, is set aside.

¶7The detenu, viz., Lakshmikanthan, aged 31 years, S/o.Manoharan, 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.) 05-06-2026 Index: Yes/No Speaking/Non-speaking order Note: Issue Order Copy today dk To

¶1The Secretary to the Government, Prohibition and Excise Department, Fort St.George, Chennai – 600 009.

¶2The Commissioner of Police, Greater Avadi City, Chennai – 600 054.

¶3The Superintendent of Prison, Central Prison Puzhal, Chennai.

¶4The Inspector Of Police (Law and Order) E-1, Ponneri Police Station,

¶5The Joint Secretary, Law and Order Department, Secretariat, Chennai.

¶6The Public Prosecutor, High Court, Madras.

DR.ANITA SUMANTH, J. AND

SUNDER MOHAN, J. dk HCP No. 2420 of 2025 05-06-2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 05-06-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN HCP No. 2420 of 2025 L.Santhiya W/o. Lakshmikanthan, No.40/54, Anna Nagar, Burma Nagar, Ponneri, ...Petitioner/Wife of the Detenu Vs 1. The State of Tamil Nadu Represented by the Secretary to the Government, Prohibition and Excise Department, Fort St.George, Chennai – 600 009. 2. The Commissioner of Police, Greater Avadi City, Chennai – 600 054. 3. The Superintendent of Prison Central Prison Puzhal, Chennai. 4. The Inspector of Police (Law and Order) E-1, Ponneri Police Station, ..Respondent(s) Prayer : Petition filed under Article 226 of Constitution of India praying for issuance of Writ of Habeas Corpus, calling for the records pertaining to the Memo No.142/TNPD/APC/2025 dated 30.09.2025 on the file of the 2nd respondent herein and set aside the same and direct the respondents herein to produce the petitioner's Husband Lakshmikanthan son of Manoharan aged 31 years, now confined in the Central Prison, Puzhal, before the Court and set him at liberty. For Petitioner: Mr.C.K.M.Appaji For Respondent(s): Mr.C.R.Malarvannan, Counsel for Government of Tamil Nadu (Criminal Side)