HCP(MD)No. 272 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.08.2025 CORAM: THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MS.JUSTICE R.POORNIMA HABEAS CORPUS PETITION(MD)No.272 of 2025 Kiladu @ Sanjay @ Arunpandi ... Petitioner vs. 1. The Additional Chief Secretary to Government, Home Prohibition and Excise Department, Secretariat, Chennai – 600 009. 2. The District Magistrate and District Collector, Office of the District and District Collector, Karur District, Karur. 3.The Superintendent of Prison, Trichy Central Prison, Trichy District. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, calling for the entire records connected with the detention order of the respondent No.2 in Crl.M.P.No.03/2025, dated 13.01.2025 and quash the same and direct the respondents to produce the body or person of the detenu by name Kiladu @ Sanjay @ Arunpandi, son of Muthu, Page No.1 of 6 https://www.mhc.tn.gov.in/judis HCP(MD)No. 272 of 2025 aged about 23 years, now detained as “Goonda” ata Trichy Central Prison before this Court and set him at liberty forthwith. For Petitioner : Dr.R. Alagumani For Respondents : Mr.A.Thiruvadi Kumar Additional Public Prosecutor O R D E R [Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] The petitioner is the detenu viz., Kiladu @ Sanjay @ Arunpandi, son of Muthu, aged about 23 years. The detenu has been detained by the second respondent by his order in Crl.M.P.No.03/2025, dated 13.01.2025, holding him to be a "Sand offender", as contemplated under Section 2(gg) of Tamil Nadu Act 14 of 1982. The said order is under challenge in this habeas corpus petition. 2. We have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. We have also perused the records produced by the Detaining Authority. 3. Though several points have been raised by the learned counsel for the Page No.2 of 6 https://www.mhc.tn.gov.in/judis HCP(MD)No. 272 of 2025 petitioner, it is stated that there is variation in English version and Tamil versions of the Detention order. In the Tamil version at Page No.16 it has been stated as “Nkw;$wpa ,th; nghJ xOq;Fg; guhkhpg;gpw;F ghjfkhd eltbf;iffspy; <Lgl;Ls;shh; vd;gJ njhpa te;Js;sJ. ,J gw;wpa tpguq;fs; jLg;Gf;fhty; Mizf;fhd fhuzq;fspy; tphpthff; nfhLf;fg; gl;Ls;sJ”> whereas in the English version at page No.14 in paragraph No. 2 it is stated as “whereas, the aforesaid individual is found indulging in activities prejudicial to the maintenance of public order and public health. The details of which are set out in the grounds of detention”. This aspect shows that the order has been passed by the detaining authority without proper application of mind and thereby, the detention order suffers on account of non- application of mind and thereby, liable to be set aside. 4. The learned Additional Public Prosecutor fairly submitted that there is variation in English Detention Order and Tamil Detention order. 5. On a perusal of the Booklet, it is found that there is variation in the English Detention Order and Tamil Detention order. This shows that the detaining authority has passed the order without proper application of mind. Page No.3 of 6 https://www.mhc.tn.gov.in/judis HCP(MD)No. 272 of 2025 6. In the result, the Habeas Corpus Petition is allowed and the order of detention in Crl.M.P.No.03/2025, dated 13.01.2025 passed by the second respondent is set aside. The detenu, viz., Kiladu @ Sanjay @ Arunpandi, son of Muthu, aged about 23 years, is directed to be released forthwith unless his detention is required in connection with any other case. [A.D.J.C., J.] [R.P., J.] 28.08.2025 Index : Yes / No Neutral Citation : Yes / No trp To: 1. The Additional Chief Secretary to Government, Home Prohibition and Excise Department, Secretariat, Chennai – 600 009. 2. The District Magistrate and District Collector, Office of the District and District Collector, Karur District, Karur. 3.The Superintendent of Prison, Trichy Central Prison, Trichy District. 4. The Additional Public Prosecutor, Madurai Bench of Madars High Court, Madurai. Page No.4 of 6 https://www.mhc.tn.gov.in/judis HCP(MD)No. 272 of 2025 A.D.JAGADISH CHANDIRA, J. AND R.POORNIMA, J. trp ORDER MADE IN HCP(MD)No.272 of 2025 Page No.5 of 6 https://www.mhc.tn.gov.in/judis HCP(MD)No. 272 of 2025 DATED : 28.08.2025 Page No.6 of 6 https://www.mhc.tn.gov.in/judis