Jacklin v. The Additional Chief Secretary to the Government,

ORDER (made by N.Sathish Kumar J.) The petitioner, who is the mother of the detenu Arun @ Arunkumar, S/o.Balamurugan, aged about 20 years, has come forward with this petition challenging the detention order passed by the second respondent in No.75/BBCDEFGISSSV/2026 dated 16.02.2026 branding him as "Goonda" 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.

¶3Though 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-Page3 of 6 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.

¶4The learned counsel for the petitioner submitted that the detenu was arrested and remanded to judicial custody in connection with the ground case, but the detenu has not moved any bail application in respect of the ground case and therefore, there is no real possibility of the detenu coming out on bail in the near future. However, 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 in Crl.O.P.No.30749 of 2024.

¶5In this regard, the learned counsel drew the attention this Court to the order in Crl.M.P.No.30749 of 2024, which is enclosed at Page No.24 of Volume II of the booklet. A perusal of the said order shows that the bail was granted to the accused therein on the ground of sudden provocation, whereas, the detenu in the ground case has committed a planned murder and therefore, the subjective satisfaction arrived at by the detaining authority regarding the imminent possibility of detenu being enlarged on bail shows clear non-application of mind. Therefore, the impugned preventive detention order deserves to be dislodged. Page4 of 6 In the result, this habeas corpus petition is allowed and the detention order passed by the second respondent in No.75/BBCDEFGISSSV/2026 dated

16.02.2026 is hereby set aside and the detenu viz. Arun @ Arunkumar, S/o.Balamurugan, aged about 20 years, 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 nsd Page5 of 6 To

¶1The Additional Chief Secretary to the Government, Home, Prohibition and Excise (XVI) Department, Secretariat, Chennai - 600 009.

¶2The Commissioner of Police, Greater Chennai.

¶3The Superintendent of Prison, Central Prison Puzhal -II, Chennai District.

¶4The Inspector of Police, Law and Order, G3, Kilpauk Police Station, Chennai District.

¶5The Public Prosecutor, Madras High Court, Chennai. HCPoNo.o512oofo2026 N.SATHISHoKUMARoJ. AND K.RAJASEKARoJ. nsd HCPoNo.o512oofo2026 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 Jacklin W/o. Balamurugan, P.No.42(4), Padmavathy Nagar, Main Road, Madambakkam, Kanchipuram District. ..Petitioner(s) Vs 1. The Additional Chief Secretary to the Government, Home, Prohibition and Excise (XVI) Department, Secretariat, Chennai - 600 009. 2. The Commissioner of Police, Greater Chennai. 3. The Superintendent of Prison, Central Prison Puzhal -II, Chennai District. 4. The Inspector of Police, Law and Order, G3, Kilpauk Police Station, Chennai District. ..Respondent(s) Habeas Corpus Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus to call for the entire records connected with the detention Memo No.75/BBCDEFGISSSV/2026 dated 16.02.2026 on the file of the second respondent and quash the same and direct the respondents to produce Page2 of 6 the petitioner's son one named Arun @ Arunkumar, S/o.Balamurugan, aged about 20 years, now confined at Central Prison, Puzhal, before this Court and set him at liberty. For Petitioner(s): Mr.P.Muthamizhselvakumar For Respondent(s): Mr.M.Mohamed Riyaz Government Advocate (Crl.Side)