Baby v. State Rep.By,

ORDER (Order of the Court was made by N.Sathish Kumar J.) The petitioner, who is the mother of the detenu David, S/o.Eswaran, male, aged about 20 years, has come forward with this petition challenging the detention order passed by the second respondent dated 02.02.2026 bearing reference C.M.P.No.16/Goonda/Salem City/2026 slapped on her son, 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 Additional Public Prosecutor appearing for the respondents.

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 Page3 of 6 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 one adverse case 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 21.10.2024 in Crl.O.P.No.25959 of 2024 wherein bail was granted by this Court to one Gowtham.

¶5In this regard, the learned counsel drew the attention of this Court to the said order in Crl.O.P.No.25959 of 2024, which is enclosed at Page No. 11 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 there is no previous case against the said accused and the detenu in the instant case has got one adverse case. Therefore, taking the said bail order as a basis for arriving at subjective satisfaction regarding the imminent possibility of detenu being enlarged on bail is clearly vitiated. Therefore, the impugned preventive detention order deserves to be dislodged. Page4 of 6

¶6In the result, this Habeas Corpus Petition is allowed and the detention order passed by the second respondent dated 02.02.2026 bearing reference C.M.P.No.16/Goonda/Salem City/2026 is hereby set aside. The detenu viz., David, S/o.Eswaran, male, aged 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.) 20-08-2026 Index: Yes/No Speaking/Non-speaking order gpa Page5 of 6 To

¶1The Secretary to Government, Home, Prohibition and Excise Department, Fort St.George, Chennai-9.

¶2The Commissioner of Police, Salem City.

¶3The Superintendent of Prison, Central Prison, Salem.

¶4The Inspector of Police, Kitchipalayam Police Station, Salem.

¶5The Joint Secretary to Government Public (Law & Order) Fort Saint George, Chennai – 9

¶6The Public Prosecutor High Court, Madras. HCPoNo.o531oofo2026 N.SATHISHoKUMAR,oJ. AND K.RAJASEKAR,oJ. gpa HCPoNo.o531oofo2026 20-08-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20-08-2026 CORAM THE HON'BLE MR JUSTICE N. SATHISH KUMAR AND THE HON'BLE MR.JUSTICE K.RAJASEKAR Baby W/o.Eswaran, ..Petitioner(s) Vs 1. State rep.by, The Secretary to Government, Home, Prohibition and Excise Department, Fort St.George, Chennai-9. 2. The Commissioner of Police, Salem City. 3. The Superintendent of Prison, Central Prison, Salem. 4. The Inspector of Police, Kitchipalayam Police Station, Salem. ..Respondent(s) Habeas Corpus Petition filed under Article 226 of Constitution of India to issue a writ or order or direction particularly writ in a nature of writ of Habeas Corpus to call for the records in C.M.P.No.16/Goonda/Salem City/2026 dated 02.02.2026 on the file of the Commissioner of Police, Salem City, the second respondent herein and quash the same as illegal and direct the respondents to produce the detenu David, S/o.Eswaran, male, aged about 20 Page2 of 6 years, now confined at Central Prison, Salem, before this Court and set him at liberty. For Petitioner(s): Ms.S.Sengkodi For Respondent(s): Mr.Mohamed Riyaz Government Advocate (Crl.side)