Ayisa Parveen v. The State of Tamilnadu Rep by Its, the Additional Chief Secretary to Government,

ORDER (Order of the Court was made by Sunder Mohan J.) The wife of detenu - Mohamed Kasim, S/o.Kadhar Mohaideen, aged 43 years, has filed this petition challenging the detention order dated

26.09.2025, 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 C.M.P.No.1292 of 2025 before the Principal Sessions Judge, Ranipet and the same was dismissed on 23.09.2025; that he had filed a bail application before this Court in Crl.OP.No.26842 of 2025 and the same is pending; and that in a similar case, bail was granted by this Court in Crl.OP.No.23533 of 2023 on

12.10.2023.

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 no previous case, whereas, in this case, the detenu has two 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 B3/D.O.No.85/2025 dated 26.09.2025, is set aside.

¶7The detenu, viz., Mohamed Kasim, S/o.Kadhar Mohaideen, aged 43 years, who is now confined in Central Prison, Vellore, 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.) 03-06-2026 Index: Yes/No Speaking/Non-speaking order Issue order copy today. ars To

¶1The Additional Chief Secretary To Government, Home, Prohibition and Excise Department, Fort St.George, Chennai-600 009.

¶2The District Collector And District Magistrate, Ranipet District, Ranipet.

¶3The Superintendent Of Police, Ranipet, Ranipet District.

¶4The Superintendent Of Prison, Central Prison, Vellore, Vellore District.

¶5The Inspector Of Police, Kaveripakkam Police Station, Ranipet District.

¶6The Joint Secretary, Law and Order Department, Secretariat, Chennai

¶7The Public Prosecutor, High Court, Madras. HCPoNo.o2341oofo2025 DR.ANITAoSUMANTH,oJ. AND SUNDERoMOHAN,oJ. ars HCPoNo.o2341oofo2025 03-06-2026 Pageo6oofo6

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03-06-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN Ayisa Parveen W/o.Mohamed Kasim, No.1/89, Melakondumalur, Ramanaghapuram-623 601. ..Petitioner(s) Vs 1. The State Of Tamilnadu Rep By Its, The Additional Chief Secretary To Government, Home, Prohibition and Excise Department, Fort St.George, Chennai-600 009. 2. The District Collector And District Magistrate, Ranipet District, Ranipet. 3. The Superintendent Of Police, Ranipet, Ranipet District. 4. The Superintendent Of Prison, Central Prison, Vellore, Vellore District. 5. The Inspector Of Police, Kaveripakkam Police Station, Ranipet District. ..Respondent(s) Prayer : Petition filed under Article 226 of Constitution of India praying for issuance of Writ of Habeas Corpus, calling for the records relating to the detention order in B3/D.O.No.85/2025, dated 26.09.2025 passed by the 2nd respondent under the Tamilnadu Act 14 of 1982 and set aside the same and direct the respondent to produce the petitioner's husband Mohamed Kasim, S/o.Kadhar Mohaideen, aged about 43 years the detenue, now confined in Central Prison, Vellore, before this Court and set him at liberty. For Petitioner(s): Mr.N.Selvakumar For Respondent(s): Mr.C.R.Malarvannan, Counsel for Government of Tamil Nadu (Criminal Side)