Tmt.Minnal Kodi Vs The State of Tamil Nadu, Rep by its Secretary to Government

Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus or any other appropriate writ or order or direction in the nature of a writ calling for the records in connection with the

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2026:MHC:2822

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HCP No. 2585 of 2025

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order of detention passed by the second respondent dated 21.11.2025 in his office Ref.C3/D.O./114/2025 against the petitioner’s son by name Thiru.Arunraj @ Sothumuttai, S/o. Ramalingam, aged about 34 years, now confined at Central Prison, Cuddalore, Cuddalore District and set aside the same and direct the respondent to produce the above said detenu before this Hon’ble Court and set him at liberty and pass such further or other orders as this Hon’ble Court may deem fit and proper in the circumstances of the case and thus render Justice.

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For Petitioner(s): Ms.S.Priyadharsahini For Respondent(s): Mr.C.R.Malarvannan, Counsel For Government Of Tamil Nadu (Criminal Side)

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Order

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(Order of the Court was made by Dr.Anita Sumanth J.)

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The mother of one Arunraj @ Sothumuttai (detenu), S/o. Ramalingam,

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who was detained as a ‘Sexual Offender’ under Section 2(ggg) of the Tamil Nadu Act 14 of 1982 (in short ‘Act’) has approached this Court challenging the order of detention dated 21.11.2025.

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The detenu has been arrested on 01.11.2025 and the impugned order of

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detention is dated 21.11.2025. The main argument of the petitioner is that there is no basis for the subjective satisfaction of the detaining authority that the detenu will be enlarged on bail.

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We have heard Ms.S.Priyadharsahini and Mr.C.R.Malarvannan, learned Counsel for Government of Tamil Nadu (Criminal Side), learned counsel for the respondents.

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The bail application filed by the detenu was dismissed on 19.11.2025

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HCP No. 2585 of 2025

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in Crl.MP.No.1110 of 2025. He does not file a bail application thereafter. However, the authority infers that there is a likelihood of him being enlarged on bail, for which inference, there is absolutely no material on record available on file. Hence, we find that this statement is mere ipse dixit.

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That apart, several documents in the booklet furnished are in English and not translated. However, as per the confession statement recorded from the detenu he has studied only upto VIIIth standard, there is no dispute on the position that he is conversant only in Tamil. Hence the non-furnishing of the documents viz., accident registers at pages 70 and 71, live birth report at page 120 and 121 and personal details at page 123 will stand in the way of him putting up an effective defence.

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In light of the aforesaid discussion, this Habeas Corpus Petition is allowed and the Detention Order passed by the second respondent in C3/D.O./114/2025, dated 21.11.2025, is set aside.

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The detenu, viz., Arunraj @ Sothumuttai, S/o. Ramalingam, aged 34 years, confined in Central Prison, Cuddalore, is directed to be set at liberty forthwith unless his presence is required in connection with any other case.

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(A.S.M.,J.) (S.M.,J.) 16-07-2026

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Index: Yes/No Speaking order Neutral Citation: Yes

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SSM

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Note to Registry : Issue Today

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