Authority: High Court of Madras (Madras High Court)
Order Date: 29-06-2026
Case Overview
- Petition filed under Article 226 of the Constitution by P. Aaron, father of the detenu, seeking a writ of habeas corpus.
- Respondents: State of Tamil Nadu (represented by Additional Chief Secretary, Home, Prohibition and Excise Department), Commissioner of Police, Greater Chennai, Superintendent Central Prison Puzhal, Inspector of Police, Madhavaram Police Station, Joint Secretary Law and Order Department, and Public Prosecutor.
- Detenu: Jerome, son of Arone, aged about 20 years, detained as “Goonda” under Section 2(f) of the Tamil Nadu Preventive Detention Act, 1982 by order No.913/BBCDEFGISSSV/2025 dated 05‑Nov‑2025.
- Counsel: Petitioner represented by Mr. N. Chandran; Respondents represented by Mr. C. R. Malarvannan (Government of Tamil Nadu, Criminal Side).
- The detaining authority relied on an unsigned statement recorded under Section 180(3) of the BNSS, claiming the detenu’s relatives would file a bail application.
- The Court noted that reliance on such an unsigned statement does not satisfy the requirement of a real possibility of bail, referencing its earlier judgments in HCP Nos.2129,2179,2340 of 2025 and HCP No.2356 of 2025 dated 22‑06‑2026, and clarifying that only a signed statement of a relative is permissible.
Final Outcome
- The Court held the detention order to be illegal and quashed it.
- The habeas corpus petition was allowed; the detention order No.913/BBCDEFGISSSV/2025 dated 05‑Nov‑2025 is set aside.
- Jerome, aged 20, is directed to be released from Central Prison, Puzhal, forthwith, unless his presence is required in any other case.
Topics: Preventive Detention, Habeas Corpus