Vasu Vs the Secretary to Government

for issuance of Writ of Habeas Corpus to call for the records in connection with the order of detention passed by the second respondent dated 27.07.2025 in B3/D.O.No.65/2025 against the petitioner’s son Rajesh, Male, aged 25 years, S/o. Vasu, who is confined at Central Prison, Vellore and set aside the same and direct the respondents to produce the detenu before this Court and set him at liberty.

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For Petitioner : Mr.P.Raman

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For Respondents : Mr.S.Raja Kumar Additional Public Prosecutor assisted by Mr.M.Sylvester John

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ORDER

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(Made by Dr. ANITA SUMANTH, J.)

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The father of Rajesh (detenu), who has been labelled as Goonda

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under Section 2(f) of the Tamil Nadu Preventive Detention Act, 1982, has filed this petition challenging detention order dated 27.07.2025. The detenu was arrested on 28.06.2025 and is presently in Central Prison, Vellore.

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Learned counsel for the petitioner would submit that the subjective satisfaction based on which the impugned order is passed is vitiated for the reason that the detenu does not intend to move bail

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2/5

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

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H.C.P.No.2573 of 2025 application and hence there need be no apprehension in the minds of the authorities that he would be enlarged on bail.

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We have heard learned counsel for petitioner as well as learned Additional Public Prosecutor.

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We find on a perusal of the impugned order that there is no material brought on record to indicate that the detaining authority has any information that the detenu may be enlarged on bail. In fact, he only indicates in passing that ‘reliable sources’ informed him that the detenu may be enlarged on bail. However, he does not produce details of the sources on the basis of which such statement has been made. In light of the aforesaid, the satisfaction is vitiated for lack of credible material.

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This Habeas Corpus Petition is allowed and the Detention Order passed by the second respondent in B3/D.O.No.65/2025, dated 27.07.2025, is set aside.

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The detenu, viz., Rajesh, S/o. Vasu, aged 23 years, who is now confined in Central Prison, Vellore, is hereby directed to be set at liberty forthwith unless his presence is required in connection with any other case.

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Neutral Citation: Yes ssm Note to Registry : Issue Today

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3/5

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

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H.C.P.No.2573 of 2025

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To

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