A.Meena Vs The Addl. Chief Secretary to the Government

The Addl. Chief Secretary to the Government, Government of Tamil Nadu, (Home) Prohibition and Excise Dept., Secretariat, Fort St.George, Chennai - 600 009.

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The Commissioner of Police, Office of the Commissioner of Police, (Goondas Section), Greater Chennai, Tambaram, Chennai - 600 007.

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The Superintendent of Prison, Central Prison, Puzhal, Chennai - 600 066.

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The State rep. by, The Inspector of Police, Law and Order, H-1, Washermenpet Police Station, Chennai.

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..Respondent(s)

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HCP No. 669 of 2026

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Petition filed under Article 226 of the Constitution of India praying to issue a writ, order or direction and in more particularly writ in the nature of a WRIT OF HABEAS CORPUS, calling for the entire records connected with the order of the 2nd respondent herein in, Memo No.809/BBCDEFGISSSV/2025 dated 17.10.2025 passed against the petitioner’s husband of the detenu namely Thiru.Santhosh Kumar @ Kullasanthosh, S/o.Vijayakumar, aged about 26 years, who is confined at Central Prison, Puzhal, Chennai - 600 066 and set aside the same, consequently, directing the respondents herein to produce the person of the detenu before this Hon’ble Court and set him at liberty forthwith.

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For Petitioner(s): Ms.M.Reena For Respondent(s): Mr.M.Mohamed Riyaz Government Advocate (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 wife of the detenu viz., Santhosh Kumar @ Kulla Santhosh, S/o. Vijayakumar, aged 26 years, who has been branded as ‘Goonda’ under Section 2(f) of the Tamil Nadu Preventive Detention Act, 1982 (Act), has filed this habeas corpus petition challenging detention order dated 17.10.2025.

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We have heard Ms.M.Reena, learned counsel for the petitioner

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and Mr.M.Mohamed Riyaz, learned Government Advocate (Criminal

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HCP No. 669 of 2026

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Side), learned counsel for the respondents.

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One of the grounds in the detention order dated 17.10.2025 states that the detenu may be enlarged on bail. The detaining authority draws his subjective satisfaction in this regard from the statement allegedly recorded from the brother of the detenu under Section 180(3) of the BNSS. It is a fact that, in the ground case, in Cr.No. 547 of 2025, the detenu has not moved a bail application. In Crime No. 579 of 2025, which is the adverse case, the detenu has moved bail in Cr.M.P.No.9686 of 2025 that has been dismissed on 14.10.2025. In the statement allegedly recorded from the detenu’s brother, there is a sentence that in due course of time, an attempt will be made to file a bail application before the appropriate Court.

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However, since in the ground case, there is no bail moved at all, there is no basis for the detaining authority to have apprehended that the detenu may be enlarged on bail. As noted supra, the basis of such an inference is the statement placed at Vol.I of the booklet at page 25. We find that the statement is neither dated nor signed and hence there is nothing to support the satisfaction of the detaining authority that there are efforts on-going to secure bail for the detenu. If at all the authority

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HCP No. 669 of 2026

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wishes to rely on the document, it would necessarily have to be signed by

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the relative to support the apprehension of the authority.

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We have, in fact, taken a similar view in our order dated

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03.03.2026 in HCP Nos. 2129, 2179 and 2340 of 2025 and the relevant paragraphs are extracted below:

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8. On the first question whether bail applications have been filed at all, we have perused the booklets that contain the avowed statements of M.Pitchaiammal at page 147, Nagomi at page 146 and Mohan at page 148 of the booklet.

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9. According to the petitioners, there are three flaws in the statements recorded. Firstly, they are unsigned, secondly, they are undated and thirdly, the crime number mentioned therein is incorrect, insofar as the crime number mentioned is 332 of 2025, whereas the crime number in the ground case in all three cases is 378 of 2025.

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10. Having considered the rival contentions, we agree with the petitioners that the statements relied upon by the respondents do not support their case. Firstly, the statements are indeed unsigned and undated. There is hence absolutely no clarity, much less certainty, as to when they were recorded.

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11. The description of the statements on the top of the page refers to Section 180(3) of the BNSS which corresponds to Section 161 of the Criminal Procedure Code, 1973. A statement under Section 161 is recorded in the course of investigation and the provisions of Section 162 stipulate that such a statement is not expected to be signed. That may be so. However, since in the present cases, the respondents seek to draw the benefit of those statements, it is necessary for the statements to have been signed in order to support the conclusion that

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HCP No. 669 of 2026

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Pitchaiammal, Nagomi, and Mohan are taking steps to obtain bail in the cases of the respective detenus. In the absence of a signature, these statements cannot be relied upon for this purpose.

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12. …………

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13. ……... We hence eschew the statements in toto for the purposes of the present cases. As a sequitur, subjective satisfaction of the Sponsoring Authority that M.Pitchaiammal, Nagomi and Mohan are taking steps to obtain bail, based on the above statements stands vitiated and the argument of the petitioners on this count is accepted.

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Incidentally, our attention is drawn to an order passed in HCP (MD) N0.369 of 2026 dated 19.06.2026 passed by the co-ordinate Bench sitting at Madurai, wherein an order passed by this Bench in HCP Nos. 2129, 2179 and 2340 of 2025 dated 03.03.2026 was relied upon by that

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petitioner. The Bench has opined that the order is per incuriam and has

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rendered the following observations:

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11. We have carefully gone through the order passed in HCP.Nos. 2129, 2179 and 2340 of 2025 dated 03.03.2026. The Division Bench of this Court, after taking into consideration the bar contained under Section 162 of Cr.P.C., which provides that such statement recorded under Section 161 of Cr.P.C., need not be signed, proceeded to hold that when such statements are relied upon while passing the detention order, it has to be necessarily signed failing which such statement cannot be relied upon by the Detaining Authority.

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12. In our considered view, the above finding of the Division Bench is not in line with Sections 161 and 162 of Cr.P.C., /

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HCP No. 669 of 2026

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180 and 181 of BNSS. The provisions of Cr.P.C., / BNSS makes it clear that the Police Officer may reduce into writing any statement made to him in the course of an investigation and such statement recorded by the Investigation Officer need not be signed by the person, who makes it. Thus, there is a bar provided under Section 162 of Cr.P.C., / 181 of BNSS. An exception cannot be carved out while dealing with a challenge to the detention order. The finding of the Division Bench at Paragraph No.11 of the order runs contrary to the statutory provision and therefore, it has to be necessarily held to be per incuriam.

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We believe that our order has been misconstrued and has not

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been understood in proper perspective. It was never the intention of the Bench to conclude that a statement under Section 180(3) of BNSS or Section 161 of the Cr.P.C., 1973 should be signed by the deponent, being conscious of the statutory requirement that obviates a necessity of signature on the statements recorded under the aforesaid provisions.

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Our intention was to state that if at all those statements were sought to be taken advantage of, to buttress the subjective satisfaction of the sponsoring/detaining authority while passing an order under Act 14 of 1982, then it is necessary that the material relied upon by that authority

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must be seen to emanate from the deponent himself/herself, to be credible.

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A statement under Section 180(3) of the BNSS or Section 161

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of the Cr.P.C. would thus not come to the aid of the sponsoring/detaining

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HCP No. 669 of 2026

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authority, and would not contribute credible material that would support his subjective satisfaction.

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In fact, both Sections 180(3) of BNSS and Section 161 of the

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Cr.P.C. relate to the examination of witnesses in the course of investigation of a case and such statements would hence be of no avail for the purpose of supporting subjective satisfaction in cases of detention. We, hence, reiterate our view in the present matter as well.

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In light of the above, this Habeas Corpus Petition is allowed and the Detention Order passed by the second respondent in No.809/BBCDEFGISSSV/2025, dated 17.10.2025 is set aside.

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The detenu, viz., Santhosh Kumar @ Kulla Santhosh, S/o. Vijayakumar, aged 26 years confined in Central Prison, Puzhal, Chennai-600 066, 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.) 10-07-2026

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Index: Yes/No Speaking order Neutral Citation: Yes SSM Note to Registry : Issue Today

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2026:MHC:2641

HCP No. 669 of 2026

To

The Addl. Chief Secretary to the Government, Government of Tamil Nadu, (Home) Prohibition and Excise Dept., Secretariat, Fort St.George, Chennai - 600 009.

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