R. Valarmathi Vs The Secretary to Government

Prayer : Petition filed under Article 226 of Constitution of India praying for issuance of Writ of Habeas Corpus, calling for the entire records relating to the detention order passed by the 2nd respondent in C.M.P.

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https://www.mhc.tn.gov.in/judis

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HCP No. 1838 of 2025

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No.45/GOONDA/Salem City/2025 dated 20.08.2025 detaining the petitioner's husband Thiru. Krishnakanth, S/o. Raj, aged about 28 years, now confined at Central Prison, Salem, quash the said detention order as illegal and unconstitutional, and consequently direct the respondents to produce the detenu before this court and set him at liberty forthwith.

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For Petitioner(s): Mr.S.Lal Devasagayam For Respondent(s): Mr. R.Muniyapparaj, Additional Public Prosecutor, Assisted By Mr. M.Sylvester John

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ORDER

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(Order of the Court was made by Sunder Mohan J.)

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The wife of the detenu - Krishnakanth, S/o. Raj, aged about 28 years, has filed this petition challenging the detention order dated 20.08.2025, branding him as ‘Goonda’ under Section 2(f) of the Tamil Nadu Preventive Detention Act, 1982 (Act 14/1982).

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We have heard learned counsel for petitioner and learned Additional Public Prosecutor for respondents.

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https://www.mhc.tn.gov.in/judis

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HCP No. 1838 of 2025

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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 satisfaction of the detaining authority as regards the real possibility of the detenu coming out on bail suffers from non-application of mind.

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The detaining authority has relied upon a statement said to have been made by the relative of the detenu under Section 180(3) of the BNSS that she is taking steps to file a bail application in the ground case. However, we find that the statement of the said relative is neither dated nor signed. We have in HCP No. 1684 of 2025 vide order dated 01.04.2026, held that, the unsigned statement cannot be relied upon to infer that the detenu is likely to file bail application.

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5.Therefore, the reliance placed on the said statement by the detaining authority to arrive at the satisfaction that there is a real possibility of the detenu coming out on bail is misconceived. The inference that the detenu would indulge in further criminal activities after his release also is without any basis. Hence, the detention order is liable to be quashed.

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https://www.mhc.tn.gov.in/judis

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HCP No. 1838 of 2025

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In light of the aforesaid discussion, this Habeas Corpus Petition

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is allowed and the Detention Order passed by the second respondent in C.M.P.No.45/Goonda/Salem City/2025 dated 20.08.2025 is set aside.

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The detenu, viz., Krishnakanth, S/o. Raj, aged about 28 years, who is now confined in Central Prison, Salem, is hereby directed to be set at liberty forthwith unless his presence is required in connection with any

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other case.

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(A.S.M.,J.) (S.M.,J.) 27-04-2026

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Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No

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Note: Issue order today.

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ars

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