Authority: High Court of Judicature at Madras
Order Date: 17-06-2026
Case Overview
- Petition filed under Article 226 of the Constitution by Mrs. Kavya S. Nair, wife of the detenu, seeking a writ of habeas corpus and production of records relating to the detention order dated 05.11.2025 (Memo No.161/TNPD/APC/2025).
- Detenu: Yaswanth, son of Sureshkumar, aged about 24 years, presently confined at Central Prison, Puzhal, Chennai.
- Respondents: 1) State of Tamil Nadu (represented by Additional Chief Secretary, Home, Prohibition and Excise Department), 2) Commissioner of Police, Goondas Section, Avadi, 3) Superintendent of Central Prison, Puzhal, 4) Inspector of Police, T-10, Thirumullaivoyal Police Station, and other officials.
- Counsel for petitioner: Mr. A. Aravindan of M/S. Arulselvam Associates.
- Counsel for respondents: Mr. C.R. Malarvannan, representing the Government of Tamil Nadu (Criminal Side).
- The detention was effected under Section 2(f) of the Tamil Nadu Preventive Detention Act, 1982, branding the detenu as a "Goonda".
- The detaining authority relied on a statement allegedly made by the detenu’s father under Section 180(3) of the BNSS, indicating steps to file a bail application. The statement was unsigned and undated.
- The Court referenced its earlier order in HCP No.1684 of 2025 dated 01.04.2026, holding that an unsigned statement cannot be relied upon to infer a real possibility of bail.
Final Outcome
- The Court held that the satisfaction of the detaining authority regarding the real possibility of the detenu obtaining bail was not properly applied, rendering the detention order invalid.
- The Habeas Corpus Petition is allowed; the detention order dated 05.11.2025 (Memo No.161/TNPD/APC/2025) is set aside.
- Yaswanth is directed to be set at liberty forthwith unless his presence is required in connection with any other case.
Topics: Preventive Detention, Habeas Corpus