Judgment · High Court · 2025
Case at a glance
Outcome
Allowed
In light of the above, these Habeas Corpus Petitions are allowed and the Detention Orders passed by the second respondent in Cr
Provisions considered
- Constitution of India art. 226
- Tamil Nadu Preventive Detention Act, 1982 s. 2(f)
Key paragraphs
- Para 77. In light of the above, these Habeas Corpus Petitions are allowed and the Detention Orders passed by the second respondent in Cr.M.P.No.88/GOONDA/2025, Cr.M.P.No.85/GOONDA/2025, Cr.M.P.No.87/GOONDA/2025, Cr.M.P.No.86/GOONDA/2025, all dated 05.10.2025 are set aside.
Judgment
HCP Nos. 933, 935, 936 and 940 of 2026IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 07-07-2026CORAMTHE HON'BLE DR.JUSTICE ANITA SUMANTHANDTHE HON'BLE MR.JUSTICE SUNDER MOHANHCP Nos. 933, 935, 936 and 940 of 2026 Shakeela BanuW/o.D.Yesudass @ Jesudass, No.8, Maharajakalam, Chandrapuram, Walayar, Palakad, Kerala 678 624...Petitioner in HCP.No.933 of 2026 SusmithaW/o.Sakthivel, No.10/27, Arisanatheru, Chennakarai, Kariyamanikkam West, Manachanallur, Tiruchirappalli, Tamil Nadu - 621 213...Petitioner in HCP.No.935 of 2026 JancyW/o.Johnraj, No. 4/393, North Street, Malaiyapatti, Tiruchirappalli, Tamilnadu - 621 307...Petitioner in HCP.No.936 of 2026T.JeyaraniW/o.Mr.Sivakumar, No.101, Rajeev Ganthi Street, Thuvakudimalai North, Tiruchirapalli-620 022...Petitioner in HCP.No.940 of 2026Vs__________Page1 of 7 https://www.mhc.tn.gov.in/judis HCP Nos. 933, 935, 936 and 940 of 20261.The State of Tamil Nadu Represented by The Secretary to GovernmentHome, Prohibition and Excise Department, Fort St.George, Chennai 600 009.
The District Collector and District Magistrate, Tiruppur District, Tiruppur.
The Superintendent, Central Prison, Coimbatore, Coimbatore District.
The Superintendent of Police, Tiruppur District, Tiruppur.
The Inspector of PolicePalladam Police Station, Tiruppur District, Tiruppur...Respondent(s) in all HCP’sPrayer in HCP No. 933 of 2026 : Habeas Corpus petition filed under Article 226 of Constitution of India for issuance of a writ order or direction and in particular to issue a WRIT OF HABEAS CORPUS to call for the entire records connected with the order of detention passed by the 2nd respondent in Cr.M.P.No. 88/Goonda/2025 dt. 05.10.2025 and quash the same, consequently, directing the respondents to produce the detenu/the petitioner’s husband Mr.Jesudass S/o.Late. Dharumaraj aged about 40 years, detained in the Central Prison, Coimbatore before the Hon’ble Court and set him at liberty. Prayer in HCP No. 935 of 2026 : Habeas Corpus petition filed under Article 226 of Constitution of India for issuance of a writ order or direction and in particular to issue a WRIT OF HABEAS CORPUS to issue any writ, order or direction in the nature of WRIT OF HABEAS CORPUS, call for the entire records connected with the order of detention passed by the 2nd respondent in Cr.M.P.No.85/GOONDA/2025 dated 05.10.2025 and quash the same, consequently, directing the respondents to produce the Detenu/the Petitioner’s husband Mr.Sakthivel, S/o.Vengadesan aged about 25 years, detained in the Central Prison, Coimbatore before the Hon’ble Court and set him at liberty and thus render justice.__________Page2 of 7 https://www.mhc.tn.gov.in/judis HCP Nos.
933, 935, 936 and 940 of 2026 Prayer in HCP No. 936 of 2026 : Habeas Corpus petition filed under Article 226 of Constitution of India for issuance of a writ order or direction and in particular to issue a WRIT OF HABEAS CORPUS to call for the entire records connected with the order of detention passed by the 2nd respondent in Cr.M.P.No. 87/Goonda/2025 dt. 05.10.2025 and quash the same, consequently directing the respondents to produce the detenu/the petitioners son Mr.Ravibosco, S/o.Johnraj aged about 29 years, detained in the Central Prison, Coimbatore before the Honble Court and set him at liberty. Prayer in HCP No. 940 of 2026 : Habeas Corpus petition filed under Article 226 of Constitution of India for issuance of a writ order or direction and in particular to issue any writ order or direction in the nature of Writ of Habeas Corpus call for the entire records connected with the order of detention passed by the 2nd respondent in Cr.M.P.No.86/Goonda/2025 dated 05.10.2025 and quash the same consequently directing the respondents to produce the Detenu/the petitioner’s son Mr.Gowtham, S/o.Siva Kumar aged about 25 years detained in the Central Prison, Coimbatore before the Hon’ble Court and set him at liberty.
In all HCP’sFor Petitioner(s):Mr.K.ThilageswaranFor Respondent(s):Mr. C.R. MalarvannanCounsel For Government Of Tamil Nadu (criminal Side)Common Order(Order of the Court was made by Dr.Anita Sumanth J.)In HCP.No.933 of 2026, the wife of the detenu viz., Jesudass, S/o.Dharumaraj, male, aged 40 years, who has been branded as Goonda under Section 2(f) of the Tamil Nadu Preventive Detention Act, 1982 (Act), has filed this habeas corpus petition.__________Page3 of 7 https://www.mhc.tn.gov.in/judis HCP Nos. 933, 935, 936 and 940 of 20262. In HCP.No.935 of 2026, the wife of the detenu viz., Sakthivel, S/o.Vengatesan, male, aged 25 years, who has been branded as Goonda under Section 2(f) of the Tamil Nadu Preventive Detention Act, 1982 (Act), has filed this habeas corpus petition.3. In HCP.No.936 of 2026, the wife of the detenu viz., Ravibosco, S/o.Johnraj, male, aged 29 years, who has been branded as Goonda under Section 2(f) of the Tamil Nadu Preventive Detention Act, 1982 (Act), has filed this habeas corpus petition.4.
In HCP.No.940 of 2026, the wife of the detenu viz., Gowtham, S/o.Sivakumar, male, aged 25 years, who has been branded as Goonda under Section 2(f) of the Tamil Nadu Preventive Detention Act, 1982 (Act), has filed this habeas corpus petition. 5. We have heard Mr.K.Thilageswaran, learned counsel for the petitioner and Mr.C.R.Malarvannan, learned counsel for Government of Tamil Nadu (criminal Side), learned counsel for the respondents in all HCP’s.6. One of the grounds in the detention order dated 05.10.2025 is that the detenus may be enlarged on bail. The subjective satisfaction of the detaining authority is really no subjective satisfaction at all for the reason that neither the detenus nor their family members have, admittedly, filed bail applications. Despite this, the authority goes on to state that detenus would be enlarged on __________Page4 of 7 https://www.mhc.tn.gov.in/judis HCP Nos. 933, 935, 936 and 940 of 2026bail for which there are no credible statements that have been recorded from the relatives of the detenus to such effect. Hence the subjective satisfaction of the authority is nothing but mere ipse dixit. The subjective satisfaction of the detaining authority is hence vitiated on this aspect and non-application of mind is writ large in the matter.
Operative part
In light of the above, these Habeas Corpus Petitions are allowed and the Detention Orders passed by the second respondent in Cr.M.P.No.88/GOONDA/2025, Cr.M.P.No.85/GOONDA/2025, Cr.M.P.No.87/GOONDA/2025, Cr.M.P.No.86/GOONDA/2025, all dated 05.10.2025 are set aside.
The detenus, viz., Jesudass, S/o. Dharumaraj, male aged 40 years, Sakthivel, S/o.Vengatesan, male aged 25 years, Ravibosco, S/o.Johnraj, male aged 29 years, Gowtham, S/o.Sivakumar, male aged 25 years, all now confined in Central Prison, Coimbatore, are directed to be set at liberty forthwith, unless their presence is required in connection with any other case. (A.S.M.,J.) (S.M.,J.) 07-07-2026dpIndex: Yes/NoSpeakingNeutral Citation: YesNote to Registry: Issue Today.__________Page5 of 7 https://www.mhc.tn.gov.in/judis HCP Nos. 933, 935, 936 and 940 of 2026To1.The Secretary to GovernmentHome, Prohibition and Excise Department, Fort St.George, Chennai 600 009.2.The District Collector and District Magistrate, Tiruppur District, Tiruppur. 3. The Superintendent, Central Prison, Coimbatore, Coimbatore District. 4. The Superintendent of Police, Tiruppur District, Tiruppur. 5. The Inspector of PolicePalladam Police Station, Tiruppur District, Tiruppur. 6. The Public Prosecutor, High Court of Madras. 7. The Joint Secretary to Government, Public (Law and Order),Secretariat, Fort. St.George, Chennai -9.__________Page6 of 7 https://www.mhc.tn.gov.in/judis HCP Nos. 933, 935, 936 and 940 of 2026DR.ANITA SUMANTH J.ANDSUNDER MOHAN J.DPHCP Nos. 933, 935, 936 and 940 of 202607-07-2026__________Page7 of 7
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: In light of the above, these Habeas Corpus Petitions are allowed and the Detention Orders passed by the second respondent in Cr
Which statutory provisions did this judgment involve?
Constitution of India — art. 226; Tamil Nadu Preventive Detention Act, 1982 — s. 2(f).
Which court decided this case, and when?
Madras High Court, on 05 Oct 2025. The bench was ANITA SUMANTH, SUNDER.
Precedent status how later indexed judgments have treated this case
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