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Vasudevan v. The Secretary to the Government

Habeas Corpus – Preventive detention (Act 14) – Quashing of detention order – Non-application of mind by detaining authority

Madras HC28 Jan 2026HCP/2177/2025

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What is this about?

Madras High Court Division Bench (P.Velmurugan & M.Jothiraman, JJ.), H.C.P.No.2177 of 2025, decided 28.01.2026: habeas corpus petition under Section 226 of the Constitution of India allowed; preventive detention order under Act 14 dated 24.04.2025 (No.229/BCDFGISSSV/2025) against Sathish @ Sachin quashed for non-application of mind on the bail-likelihood ground; detenu released forthwith unless required elsewhere.

What did the court decide?

Habeas corpus petition allowed: detention order No.229/BCDFGISSSV/2025 dated 24.04.2025 quashed for non-application of mind; detenu Sathish @ Sachin directed to be set at liberty forthwith unless required in connection with any other case. ¶37

Vasudevan Vs The Secretary to the Government — Child Sexual Offences (POCSO) | Madras HC (2026)

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H.C.P.No.2177 of 2025

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THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 28.01.2026

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CORAM

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THE HONOURABLE MR JUSTICE P.VELMURUGAN AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN

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H.C.P.No.2177 of 2025

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Vasudevan S/o.Durai Kannu, No.A40, Dr.Ambedkar Street, Keezh Ayanambakkam, Thiruverkadu, Chennai.

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Petitioner(s)

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1.The Secretary to the Government Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.

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2.The Commissioner of Police Greater Chennai, Chennai District.

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3.The Superintendent Central Prison, Puzhal, Chennai.

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4.The Inspector of Police Vanagaram Police Station, Chennai.

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Respondent(s)

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Page 1 of 6

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

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H.C.P.No.2177 of 2025 Habeas Corpus Petition filed under Section 226 of the Constitution of India to issue a Writ of Habeas Corpus calling for the records in connection with the order of detention passed by the second respondent dated 24.04.2025 in No.229/BCDFGISSSV/2025 against the petitioner’s son Sathish @ Sachin, male, aged 26 years, S/o.Vasudevan, who is confined at the Central Prison, Puzhal, Chennai and set aside the same and consequently direct the respondents to produce the detenu before this Court and set him at liberty.

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For Petitioner(s): Mr.A.Saranraj

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For Respondent(s): Mr.R.Muniyapparaj Additional Public Prosecution assisted by Mr.M.Sylvester John

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ORDER

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(made by P.VELMURUGAN, J.)

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This habeas corpus petition has been filed calling for the records in connection with the order of detention passed by the second respondent dated 24.04.2025 in No.229/BCDFGISSSV/2025 against the petitioner’s son Sathish @ Sachin, male, aged 26 years, S/o.Vasudevan, who is confined at the Central Prison, Puzhal, Chennai and set aside the same and consequently direct the respondents to produce the detenu before this Court and set him at

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liberty.

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Page 2 of 6

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

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H.C.P.No.2177 of 2025 2. The learned Additional Public Prosecutor would submit that the

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detenu herein is involved in several cases similar in nature including dacoity and another case under the Protection of Children from Sexual Offences Act, 2012. He would further submit that in the ground case, the detenu has attacked a minor boy and therefore, in order to maintain law and order, the detenu has been detained under Act 14.

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Though the learned counsel for the petitioner took several grounds to quash the impugned order of detention, he focused mainly on the ground that no bail application was filed by the detenu and there was no likelihood of his release on bail, however, the detaining authority, without application of mind, stated that the relatives of the detenu moved a bail application and therefore, the detenu is likely to be released on bail, whereas

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no material is filed to show that the relatives of the detenu moved an application for bail.

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Admittedly, in this case, the detenu has not moved any bail

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application so far, however, the detaining authority, only based on the statement made by the father of the detenu that he is taking steps to file bail

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Page 3 of 6

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

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H.C.P.No.2177 of 2025 application for his son before the Magistrate concerned, which was recorded on 23.04.2024 by the Inspector of Police, Vanagaram Police Station and the same is available at page no.47 of the booklet, has passed the impugned detention order.

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Therefore, the order of detention dated 24.04.2025, passed by the second respondent herein in proceedings No.229/BCDFGISSSV/2025 against the petitioner’s son, viz . Sathish @ Sachin, male, aged 26 years, S/o.Vasudevan, is hereby quashed on the ground of non application of mind on the part of the detaining authority, while passing the impugned detention order.

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The detenu, viz . Sathish @ Sachin, male, aged 26 years, S/o.Vasudevan, is directed to be set at liberty forthwith, unless he is required in connection with any other case.

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With the above direction, this habeas corpus petition is allowed.

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(P.V., J.) (M.J.R., J.) 28.01.2026

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nsd

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Page 4 of 6

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

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H.C.P.No.2177 of 2025