Wife of a man detained as a drug offender under Tamil Nadu preventive detention law sought his interim release for 30 days to care for her high-risk twin pregnancy. The court held that only the State Government can decide temporary release and directed it to consider her representation by 07.10.2025.
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Crl.M.P(MD)No.11971 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 23.09.2025
CORAM:
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN and THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
Crl.M.P(MD)No.11971 of 2025 in
H.C.P.(MD) No.507 of 2025
Madumitha ... Petitioner
Vs
Home, Prohibition and Excise Department,
Fort St. George,
Chennai-600 009.
... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, direct the respondents to temporarily release the detenu by name Sabari, son of Ashokkumar 34 years, now detained as Drug Offender at Trichy Central Prison under preventive detention by the order passed by the respondent No.2 vide his order in
Crl.M.P(MD)No.11971 of 2025
C.No.38/Detention/C.P.O/TC/2025 dated 30.03.2025 under Section 3(1) of Act 14 of 1982 for 30 days to take care of detenu's pregnant wife by name Madhumitha wife of Sabari, who is at high risk pregnancy.
For Petitioner : Dr.R.Alagumani
For Respondents: Mr.A.Thiruvadi Kumar
Additional Public Prosecutor
O R D E R
(Order of the Court was made by C.V.KARTHIKEYAN,J.)
This petition has been filed taking advantage of Section 15
of the Tamil Nadu Act 14 of 1982 seeking a direction for interim release of the detenu/husband of the petitioner herein, who has been detained by the detention order dated 30.03.2025.
contended that the petitioner had been taking In-Vitro-Fertilization treatment and it had been revealed that the treatment has been successful and that she is pregant with twins. It had been stated that she is in the 14th week of pregnancy and is suffering from some ailment. The detenu is to be with her during this period. Under those circumstances, this petition has been filed.
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Crl.M.P(MD)No.11971 of 2025
seeking temporary release of detenue/husband for 30 days to take care of her.
temporary release of persons detained. The authority which could examine whether the detenu could be temporarily release or not is the State Government. The State Government could also specify whether any condition should be imposed or not. The Court can only direct the State Government to consider the representation and pass suitable orders.
(C.V.K., J.) (R.V., J.) Index : Yes / No 23.09.2025 Internet : Yes / No NCC : Yes / No am
Note: Issue order copy on 23.09.2025
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Crl.M.P(MD)No.11971 of 2025
To
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Crl.M.P(MD)No.11971 of 2025
C.V.KARTHIKEYAN, J. and R.VIJAYAKUMAR, J.
am
Crl.M.P(MD)No.11971 of 2025 in H.C.P.(MD) No.507 of 2025
23.09.2025
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1 issue framed by the court
Whether the Court could direct temporary release of a preventive detainee whose pregnant wife sought his release for care during high-risk pregnancy.
3 provisions across 2 enactments
Madumitha
State of Tamil Nadu
The Commissioner of Police, Tiruchirappalli City
The Superintendent of Prison, Trichy Central Prison
C.V.Karthikeyan
R.Vijayakumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
