Judgment · High Court
Case at a glance
Outcome
Allowed
With the above direction, this Habeas Corpus Petition is allowed
Provisions considered
- Constitution of India art. 226
- Tamil Nadu Act
Key paragraphs
- Para 22. Though the learned counsel for the petitioner took several grounds to quash the impugned order of detention, he focused mainly on the grounds that the arrest intimation was not communicated to the close relatives of the detenu and there is no adverse case pending…
Judgment
H.C.P. No.2051 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDated: 30.01.2026Coram:THE HONOURABLE MR.JUSTICE P.VELMURUGANandTHE HONOURABLE MR.JUSTICE M.JOTHIRAMANH.C.P. No.2051 of 2025 Josephine Mary.. PetitionerVs.
State of Tamil Nadu Represented by its Secretary to Government Home, Prohibition & Excise Department Secretariat, Chennai – 600 0092. The District Collector and District Magistrate Villupuram, Villupuram District3. The Superintendent of Police O/o.Superintendent of Police Villupuram, Villupuram District4. The Superintendent of Prison Central Prison Cuddalore, Cuddalore District5. State rep. by The Inspector of Police Gingee Police Station Villupuram District .. RespondentsPrayer: Habeas Corpus Petition filed under Article 226 of the Constitution of India, to call for the entire records, relating to the petitioner’s husband detention under Tamil Nadu Act 14 of 1982 vide detention order dated 20.06.2025 on the file of 2nd respondent Page No. 1 / 5 https://www.mhc.tn.gov.in/judis H.C.P. No.2051 of 2025herein and made in proceedings D.O.No.C2/29/2025 and quash the same as illegal and consequently direct the respondents herein to produce the petitioner’s son namely Abishek Avin Raj, Son of Sabastin, aged about 24 years before this Court and set the petitioner’s Husband at liberty from detention, who is now detained in Central Prison of Cuddalore. For Petitioner : Mr.V.R.AppaswameeFor Respondents : Mr.R.Muniyapparaj, Additional Public Prosecutor assisted by Mr.M.Sylvester John ORDER(The Order of the Court was made by P.Velmurugan, J)This Habeas Corpus Petition has been filed to call for the entire records, relating to the detention order made in proceedings Rc.No.C2/29/2025, dated 20.06.2025, on the file of 2nd respondent herein and quash the same as illegal and consequently direct the respondents herein to produce the petitioner’s son namely Abishek Avin Raj, S/o.Sebastin, aged about 24 years, before this Court and set him at liberty from detention, who is now detained in Central Prison of Cuddalore.
Operative part
Though the learned counsel for the petitioner took several grounds to quash the impugned order of detention, he focused mainly on the grounds that the arrest intimation was not communicated to the close relatives of the detenu and there is no adverse case pending against the detenu. Hence, he prayed to quash the impugned order of detention. Page No. 2 / 5 https://www.mhc.tn.gov.in/judis H.C.P. No.2051 of 20253. A perusal of records shows that the detenu is involved in a double murder case, which is between the relatives and that the offence itself is within a private place and no public order is involved. Therefore, this Court is inclined to quash the detention order. 4. Accordingly, the order of detention dated 20.06.2025, passed by the 2nd respondent in proceedings Rc.No.C2/29/2025 against the detenu namely Abishek Avin Raj, aged about 24 years, S/o. Sebastin, is hereby quashed on the ground of non application of mind on the part of the detaining authority while passing the impugned detention order.5. The detenu Abishek Avin Raj, S/o. Sebastin, is directed to be set at liberty forthwith, unless he is required in connection with any other case.6. With the above direction, this Habeas Corpus Petition is allowed. (P.V., J) (M.J.R., J)30.01.2026 ksa-2Neutral Citation: Yes/NoPage No. 3 / 5 https://www.mhc.tn.gov.in/judis H.C.P. No.2051 of 2025To1. The Secretary to Government Home, Prohibition & Excise Department Secretariat, Chennai – 600 0092. The District Collector and District Magistrate Villupuram, Villupuram District3. The Superintendent of Police O/o.Superintendent of Police Villupuram, Villupuram District4. The Superintendent of Prison Central Prison Cuddalore Cuddalore District5. The Inspector of Police Gingee Police Station Villupuram District6. The Public Prosecutor, High Court, Madras. Page No. 4 / 5 https://www.mhc.tn.gov.in/judis H.C.P. No.2051 of 2025P.VELMURUGAN, Jand M.JOTHIRAMAN, Jksa-2H.C.P. No.2051 of 202530.01.2026Page No. 5 / 5
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: With the above direction, this Habeas Corpus Petition is allowed
Which statutory provisions did this judgment involve?
Constitution of India — art. 226; Tamil Nadu Act.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.