VelusamyS/o. Isakkimuthu,No.10/21, Pallikuda Street, Iruumbuliyur,West Tambaram, Chennai-15 v. The Principal Secretary to GovernmentHome

HCP No. 2465 of 2025__________Page 1 of 6IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 29-06-2026CORAMTHE HON'BLE DR.JUSTICE ANITA SUMANTHANDTHE HON'BLE MR.JUSTICE SUNDER MOHANHCP No. 2465 of 2025 VelusamyS/o. Isakkimuthu, No.10/21, Pallikuda Street, Iruumbuliyur, West Tambaram, Chennai-15...Petitioner/Father of the detenuVs1.The Principal Secretary to GovernmentHome, Prohibition and Excise Department, Fort St.George, Chennai-600 009.

The Commissioner Of PoliceTambaram City.

The Superintendent Of PrisonCentral Prison-Puzhal, Chennai.

The Inspector Of Police Law And OrderT-1 Tambaram Police Station, Chennai...Respondent(s)Prayer : Petition filed under Article 226 of Constitution of India praying for issuance of Writ of Habeas Corpus, calling for the records in connection with the order of Detention passed by the second respondent dated 27.10.2025 in MEMO No.139/BBCDEFGISSSV/2025 against the https://www.mhc.tn.gov.in/judis HCP No. 2465 of 2025__________Page 2 of 6petitioner’s Son Namely V.Premkumar, Male aged 30 Years, S/o. Velusamy, who is confined at Central Prison, Puzhal and set aside the same and direct the respondents to produce the detenue before this Court and set him at liberty. For Petitioner(s):Mr.S.SenthilvelFor Respondent(s):Mr.C.R.Malarvannan, Counsel for Government of Tamil Nadu(Criminal Side)ORDER(Order of the Court was made by Sunder Mohan J.)The father of the detenu – V.Premkumar, S/o.Velusamy, aged 30 years, has filed this petition challenging the detention order dated 27.10.2025, branding him as a ‘Goonda’ under Section 2(f) of the Tamil Nadu Preventive Detention Act, 1982 (Act 14/1982).2. We have heard learned counsel for petitioner and learned counsel for Government of Tamil Nadu (Criminal Side) for respondents. 3. Though several grounds have been raised, we are of the view that the detention order is liable to be quashed on the ground that the https://www.mhc.tn.gov.in/judis HCP No. 2465 of 2025__________Page 3 of 6satisfaction of the detaining authority as regards the real possibility of the detenu coming out on bail suffers from non-application of mind.4. In the grounds of detention, the detaining authority has stated that the detenu has not filed any bail application and that his relative is taking steps to take him out on bail; and that in a similar case, bail was granted by the learned Judicial Magistrate, Sriperumbudur to the accused therein, in Crl.MP.No.81 of 2022 on 28.01.2022.

In the order relied upon by the detaining authority, it is seen that the learned Judicial Magistrate had granted bail under Section 167(2) Cr.P.C., since the final report was not filed within the statutory period and not on merits.