Allowed

Hemaram v. The State of Tamil Nadu

Madras HC16 Apr 2026HCP(MD)/238/2026

Case brief

AI extract

What is this about?

Habeas corpus petition challenging a preventive detention order detaining the detenu as a 'Goonda'. Relying on Sushanta Kumar Banik v. State of Tripura, the court held that an unexplained 38-day delay between arrest and detention broke the live and proximate link, set aside the detention order and directed release.

What did the court decide?

Detention order in Cr.M.P.No.93 of 2025 dated 31.10.2025 set aside; detenu Hanumanram directed to be released forthwith unless required in any other case.

Hemaram Vs The State of Tamil Nadu — Quashing and FIR | Madras HC (2026)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 16.04.2026

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CORAM

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THE HON'BLE MR JUSTICE N. ANAND VENKATESH

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AND

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THE HON'BLE MR JUSTICE K.K.RAMAKRISHNAN

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H.C.P.(MD)No.238 of 2026

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Hemaram

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.. Petitioner / father of the

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detenu

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Vs.

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1.The State of Tamil Nadu, Rep by the Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Fort St.George, Chennai -600 009.

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2.The District Collector and District Magistrate, Trichy.

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3.The Superintendent of Police, Trichy District.

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4.The Inspector of Police, Samayapuram Police Station, Tiruchirappali District.

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5.The Superintendent of Prison, Central Prison, Tiruchirappalli District.

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.. Respondents

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Page 1 of 6

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

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Prayer :Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, to call for the records relating to the detention order of the second respondent in Cr.M.P.No.93 of 2025 dated 31.10.2025 against Hanumanram s/o Hemaram, aged about 21 years, who is confined at Central Prison, Tiruchirappalli and set aside the same and direct the respondents to produce the detenu before this Court.

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For Petitioner : Mr.R.Sakthivel For Respondents : Mr.A.Thiruvadi Kumar Additional Public Prosecutor

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ORDER

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(Order of the Court was made by N. ANAND VENKATESH,J.)

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The petitioner is the brother of the detenu, by name, Hanumanram s/o Hemaram, aged about 21 years. The detenu has been detained by the second respondent by his order in Cr.M.P.No.93 of 2025, dated 31.10.2025 holding him to be a "Goonda", as contemplated under Section 2(f) of the Tamil Nadu Act 14 of 1982. The said order is under challenge in this Habeas Corpus Petition.

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Page 2 of 6

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

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We have heard the learned counsel appearing for the petitioner and

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the learned Additional Public Prosecutor appearing for the respondents. We have also perused the records produced by the Detaining Authority.

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Apart from the other grounds raised by the learned counsel appearing for the petitioner, one of the main ground that was raised is that the detenu was arrested on 23.09.2025, whereas, the detention order was passed only on 31.10.2025. There is a delay of nearly 38 days in passing the detention order and this delay is totally unexplained.

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In our considered view, the issue is squarely covered by the judgment of the Hon'ble Apex Court in the case of Sushanta Kumar Banik Vs. State of Tripura and Others reported in 2022 SCC Online SC 1333.

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The detention order is vitiated due to the fact that there was a solitary case and the live and proximate link between the grounds of detention and the purpose of the detention is completely absent. Hence, this Court is inclined to interfere with the detained order passed by the second respondent.

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Page 3 of 6

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

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In the result, the Habeas Corpus Petition is allowed and the order

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of detention in Cr.M.P.No.93 of 2025, dated 31.10.2025, passed by the second respondent is set aside. The detenu, viz., Hanumanram, s/0 Hemaram, aged about 21 years, is directed to be released forthwith unless his detention is required in connection with any other case.

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(N.A.V.,J..) (K.K.R.K.,J.,) 16.04.2026

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Index : Yes / No Internet : Yes / No

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TSG

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Page 4 of 6

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

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