Karthika v. The State of Tamil Nadu Rep.By Its, Secretary to Government,

ORDER (Order of the Court was made by N.Sathish Kumar J.) The petitioner, the wife of the detenu Sivanandam @ Siva, S/o.Chinna Anuman, male, aged about 37 years, has come forward with this petition challenging the detention order passed by the second respondent dated

03.02.2026 bearing reference C3.D.O.No.09/2026 slapped on her husband, branding him as "Bootlegger" under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982 [Tamil Nadu Act 14 of 1982].

¶2Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) appearing for the respondents. Page3 of 6

3.Though several grounds have been raised by the petitioner in the habeas corpus petition assailing the detention order, in the hearing, learned counsel for the petitioner confined his argument only with regard to non-application of mind on the part of the detaining authority in arriving at the subjective satisfaction regarding imminent possibility of detenu being enlarged on bail while passing the impugned order of detention.

4.The learned counsel for the petitioner submitted that the detenu was arrested and remanded to judicial custody in connection with the ground case and five adverse cases and the detaining authority, while passing the impugned detention order, arrived at the subjective satisfaction regarding imminent possibility of coming out on bail by relying on a bail order dated 03.12.2025 in Crl.M.P.No.33135 of 2025 wherein bail was granted by this Court to one Muthulakshmi @ Sembaraiyan Nachi.

¶5In this regard, the learned counsel drew the attention this Court to said order in Crl.M.P.No.33135 of 2025, which is enclosed at Page No. 20 of Volume II of the booklet. A careful perusal of the said order, brings to light that the said case is totally different as that of the instant case as the accused in the said case has no previous case whereas in the instant case there are five previous cases against the detenu. Therefore, taking the said bail order as a basis for arriving at subjective satisfaction regarding the imminent possibility of detenu Page4 of 6 being enlarged on bail is clearly vitiated. Therefore, the impugned preventive detention order deserves to be dislodged.

¶6In the result, this Habeas Corpus Petition is allowed and the detention order passed by the second respondent dated 03.02.2026 bearing reference C3/D.O.No.09/2026 is hereby set aside. The detenu viz., Sivanandam @ Siva, male, aged 37 years, S/o.Chinna Anuman, is directed to be set at liberty forthwith unless he is required in connection with any other case. (N.S.K.,J.) (K.R.S.,J.) 19-08-2026 Index: Yes/No Speaking/Non-speaking order gpa Page5 of 6 To

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

¶2The District Collector and District Magistrate of Tirupattur District Tirupattur

¶3The Superintendent of Police Tirupattur District Tirupattur

¶4The Superintendent of Prison Central Prison, Vellore Vellore District

¶5The Inspector of Police Prohibition Enforcement Wing Tirupattur Tirupattur District

¶6The Joint Secretary to Government Public (Law & Order) Fort Saint George, Chennai – 9

¶7The Public Prosecutor High Court, Madras. HCPoNo.o330oofo2026 N.SATHISHoKUMAR,oJ. AND K.RAJASEKAR,oJ. gpa HCPoNo.o330oofo2026 19-08-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19-08-2026 CORAM THE HON'BLE MR JUSTICE N. SATHISH KUMAR AND THE HON'BLE MR.JUSTICE K.RAJASEKAR Tmt.Karthika W/o.Sivanandam ..Petitioner(s) Vs 1. The State of Tamil Nadu Rep. by its Secretary to Government Home, Prohibition and Excise Department, Secretariat, Fort St. George, Chennai - 600 009. 2. The District Collector and District Magistrate of Tirupattur District Tirupattur 3. The Superintendent of Police Tirupattur District Tirupattur 4. The Superintendent of Prison Central Prison, Vellore Vellore District 5. The Inspector of Police Prohibition Enforcement Wing Tirupattur Tirupattur District ..Respondent(s) Habeas Corpus Petition filed under Article 226 of the Constitution of India to call for the entire records in connection with the order of detention Page2 of 6 passed by the second respondent dated 03.02.2026 in his office C3.D.O.No.09/2026 against the petitioner's husband by name Sivanandam @ Siva, S/o.Chinna Anuman, male, aged about 37 years, now confined at Central Prison, Vellore, Vellore District and set aside the same and direct the respondents to produce the above said detenue before this Court and set him at liberty. For Petitioner: Mr.E.Kannadasan For Respondents: Mr.M.Mohamed Riyaz Government Advocate (Crl.side)