High Court · 2025

HCP No. 1371 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 25-09-2025CORAMTHE HONOURABLE MRS JUSTICE J. NISHA BANUANDTHE HONOURABLE MR.JUSTICE S. SOUNTHARHCP No. 1371 of 20251. Thirumathi RanjithaW/o. Mr. Kamalesh, No.30, Annai Indira nagar, Anna Nagar, Chennai, Tamil Nadu-600040.Petitioner(s)Vs1. The Additional Chief Secretary, Government Of Tamil NaduHome, Prohibition and Excise Department, Fort St. George, Chennai 600009.2.The Commissioner Of PoliceGreater Chennai, OFFICE OF THE COMMISSIONER OF POLICE, Goondas Section, Chennai, Tamil Nadu-600007.3.The Superintendent Of Prison Central Priosn, Puzhal, Chennai 600066.4.The Inspector Of Police R-8 Vadapalani Police Station, Chennai,Tamil Nadu-600026.Respondent(s)1 of 1 https://www.mhc.tn.gov.in/judis HCP No. 1371 of 2025PRAYER: Habeaus Corpus Petition filed under Article 226 of Constitution of India to issue a Writ more particularly in the nature of Writ of Habeas Corpus calling for the records pertaining to the order of detention passed by the 2nd respondent herein and made BCDFGISSSV/2025-No.290/2025 dated 30.05.2025 and to set aside the same and direct the respondents to produce the detenue, the petitioner'ss brother Rathish Kumar, S/o.Rajesh, male, aged about 28 years, now confined at Central Prison, Puzhal, Chennai before this Honble Court and thereby setting him at liberty.For Petitioner(s):M/s.S.M.Raghuram For Respondent(s):Mr.A.Gokulakrishnan,Additional Public ProsecutorORDERJ.NISHA BANU J.andS.SOUNTHAR J.The petitioner herein, is the sister of detenue viz., Rathish Kumar, S/o Rajesh, aged about 28 years, confined at Central Prison, Puzhal, Chennai and she has come forward with this petition challenging the detention order passed by the second respondent, dated 30.05.2025, branding him as "Goonda" under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber Law Offenders, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Sexual Offenders, Slum Grabbers and Video Pirates Act, 1982 [Tamil Nadu Act 14 of 1982].2 of 2 https://www.mhc.tn.gov.in/judis HCP No. 1371 of 20252. We have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. We have also perused the records produced by the Detaining Authority. 3. Though several grounds are raised in this petition, the learned counsel for the petitioner focused mainly on the ground that the subjective satisfaction of the Detaining Authority that the relatives of the detenu are taking steps to take out the detenu on bail, suffers from non-application of mind, as the statement under 180 (3) of B.N.S.S, said to have been made by the detenu's relatives before the Sponsoring Authority, are not dated. Hence, the learned counsel for the petitioner raised a bona fide doubt as to when this statement was obtained from the detenue's relatives. The learned counsel further pointed out that, unless the statements relied upon by the Sponsoring Authority is immediately before the Detention Order, it may not have relevance and hence, the subjective satisfaction of the Detaining Authority based on this undated statement, would vitiate the Detention Order. 4. It is seen from records that the statement obtained by the Sponsoring Authority from the detenu's sister, the petitioner herein, enclosed in Page No.134 of Booklet, stating that she is planning to file a bail application to bring out the detenu on bail, are not dated. On a perusal of the Grounds of Detention, it is seen that the Detaining Authority has observed that the Sponsoring 3 of 3 https://www.mhc.tn.gov.in/judis HCP No. 1371 of 2025Authority has stated that he came to understand that the relatives of the detenu are taking steps to take him out on bail by filing bail application before the appropriate Court and has arrived at the subjective satisfaction that the detenu is likely to be released on bail. When the statements obtained by the Sponsoring Authority from the relatives of the detenu stating that they are planning to file bail application to bring out the detenu on bail, are not dated, the veracity of such statements becomes doubtful. The compelling necessity to detain the detenu would also depend on when the statements were obtained. In the absence of the date, the compelling necessity to detain, becomes suspect. Hence, this Court is of the view that the subjective satisfaction of the Detaining Authority based on such undated material, suffers from non-application of mind.5. The Hon'ble Supreme Court, in the case of 'Rekha Vs. State of Tamil Nadu through Secretary to Government and another' reported in '2011 [5] SCC 244', has dealt with a situation where the Detention Order is passed without an application of mind. In case, any of the reasons stated in the order of detention is non-existent or a material information is wrongly assumed, that will vitiate the Detention Order. When the subjective satisfaction was irrational or there was non-application of mind, the Hon'ble Supreme Court held that the order of detention is liable to be quashed. It is relevant to extract paragraph Nos.10 and 11 of the said judgment of the Hon'ble Supreme Court:-4 of 4 https://www.mhc.tn.gov.in/judis HCP No. 1371 of 2025“10. In our opinion, if details are given by the respondent authority about the alleged bail orders in similar cases mentioning the date of the orders, the bail application number, whether the bail order was passed in respect of the co-accused in the same case, and whether the case of the co-accused was on the same footing as the case of the petitioner, then, of course, it could be argued that there is likelihood of the accused being released on bail, because it is the normal practice of most courts that if a co-accused has been granted bail and his case is on the same footing as that of the petitioner, then the petitioner is ordinarily granted bail. However, the respondent authority should have given details about the alleged bail order in similar cases, which has not been done in the present case. A mere ipse dixit statement in the grounds of detention cannot sustain the detention order and has to be ignored. 11. In our opinion, the detention order in question only contains ipse dixit regarding the alleged imminent possibility of the accused coming out on bail and there was no reliable material to this effect. Hence, the detention order in question cannot be sustained.”6. In view of the ratio laid down by the Hon'ble Supreme Court and in view of the aforesaid facts, this Court is of the view that the detention order is liable to be quashed.5 of 5 https://www.mhc.tn.gov.in/judis HCP No. 1371 of 20257. Hence, for the aforesaid reasons, the detention order passed by the second respondent dated 30.05.2025 in BCDFGISSSV/2025-No.290/2025, is hereby set aside and the Habeas Corpus Petition is allowed. The detenue, viz., Rathish Kumar, S/o.Rajesh, male, aged about 28 years, confined at Central Prison, Puzhal, Chennai, is directed to be set at liberty forthwith, unless he is required in connection with any other case.(J.NISHA BANU J.) (S.SOUNTHAR J.)25-09-2025Index: Yes/NoInternet: YesMSTTo1.The Additional Chief Secretary To Government Of Tamil Nadu,Home, Prohibition and Excise Department, Fort St. George, Chennai 600009.2.The Commissioner Of Police,Greater Chennai, office of the Commissioner of Police, Goondas Section, Chennai, Tamil Nadu-600007.3.The Superintendent Of PrisonCentral Priosn, Puzhal, Chennai 600066.4.The Inspector Of PoliceR-8 Vadapalani Police Station, Chennai,Tamil Nadu-600026.6 of 6 https://www.mhc.tn.gov.in/judis HCP No. 1371 of 2025J.NISHA BANU J.ANDS.SOUNTHAR J.MSTHCP No. 1371 of 2025 25-09-20257 of 7