HCP(MD)No.879 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 03/12/2025 CORAM THE HONOURABLE MR JUSTICE G.K.ILANTHIRAIYAN AND THE HONOURABLE MS JUSTICE R.POORNIMA HCP(MD)No.879 of 2025 M.Mariammal : Petitioner/Mother of the detenu Vs. 1.State of Tamil Nadu Rep. by the Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai-600 009. 2.The District Collector and District Magistrate, Tirunelveli District, Tirunelveli. 3.The Superintendent of Prison, Central Prison, Palayamkottai, Tirunelveli. : Respondents Prayer:- This Habeas Corpus Petition is filed under Article 226 of the Constitution of India, calling for the entire records connected with the detention order passed in M.H.S.Confdl No.35/2025, dated 22/03/2025 on the file of the 2nd respondent herein and quash the same and direct the respondents to produce the detenu or body of the detenu namely the petitioner's son i.e., Sudhan alias Kurichan, aged about 22 years, 1/8 https://www.mhc.tn.gov.in/judis HCP(MD)No.879 of 2025 S/o.Mariappan, now detained at the Central Prison, Palayamkottai, before this Court and set him at liberty forthwith and pass such other and further orders. For Petitioner : Mr.N.Pragalathan For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor O R D E R (Order of the Court was made by the Hon'ble G.K.ILANTHIRAIYAN.J.) The petitioner is the mother of the detenu viz, Sudhan alias Kurichan, S/o.Mariappan, aged about 22 years. The detenu has been detained by the second respondent by his order in M.H.S Confdl. No.35 of 2025, dated 22/03/2025 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. 2.We have heard the learned counsel appearing for the petitioner and the learned Additional Pubic Prosecutor appearing for the respondents. We have also perused the records produced by the Detaining Authority. 2/8 https://www.mhc.tn.gov.in/judis HCP(MD)No.879 of 2025 3.The detenu was arrested and remanded to judicial custody on 03/03/2025 in connection with the case in Crime No.196 of 2025 on the file of the Inspector of Police, Manur Police Station for the offences under Sections 296(b), 309(4), 311, 351(3) of BNS, 2023. Since the detenu was involved in several cases, the Sponsoring Authority sponsored the detenu to detain him under Act 14 and accordingly, the detention order was passed. Aggrieved over the same, the present petition has been filed by the mother of the detenu. 4.The learned counsel for the petitioner submits that the detenu was detained by showing one ground case and six adverse cases and in the ground case, he was ended in acquittal. In support of his contention, he has placed reliance on the judgment of the trial Court passed in SC No.318 of 2026, dated 24/09/2025. 5.On perusal of the counter affidavit filed by the second respondent and also the submissions made by the learned Additional Public Prosecutor appearing for the respondents, though the detenu was acquitted in the ground case, it was observed that the other crimes committed by the detenu is only after satisfying with the records 3/8 https://www.mhc.tn.gov.in/judis HCP(MD)No.879 of 2025 submitted by the Sponsoring Authority detaining him under Act 14, however, on perusal of the order of acquittal passed by the 4th Additional District and Sessions Court, Tirunelveli in SC No.318 of 2025, dated 24/09/2025, reveals as follows:- ''19.,e;j epiyapy; vjpup kPJ Rkj;jg;gl;Ls;s gp.vd;.];. rl;lg;gpupT gp.vd;.];. rl;lg;gpupT 351(3)d; gbahd Fw;wr;rhl;Lfs; jFe;j rhl;rpak; %yk; epUgpf;fg;gl;Ls;sjh vd;gij guprPyid nra;J ghu;f;Fk;NghJ rk;gtj;ij gw;wp Gfhu; nfhLj;j rhl;rpahd m.rh.1 Kj;Jf;Fkhu; vjpup ifapy; itj;jpUe;j mUthis fhl;b Fw;wKW nfhiy kpul;ly; tpLj;jjhfNth vt;tpj rhl;rpaKk; mspf;ftpy;iy. khwhf vjpupia njupahJ vd;Wk;> NghyPrhu; Nfl;Lf;nfhz;ljd; Ngupy; vOjhj nts;is Ngg;gupy; ifnaOj;J thq;fpajhfTk; rhl;rpak; mspj;Js;sdu;. 20.NkYk; m.rh.5 Mf rhl;rpak; mspj;Js;s cjtp Ma;thsu; tp[aFkhu;> 4/8 https://www.mhc.tn.gov.in/judis HCP(MD)No.879 of 2025 fhty; Ma;thsu; may;gzpahf ntspA+u; nrd;wjhy; ,e;j tof;fpy; tprhuiz Nkw;nfhz;l cjtp Ma;thsu; tof;fpid Gyd; tprhuizf;F vLj;Jf;nfhz;L rk;gtaplk; nrd;W m.rh.2 gyNtrk;. m.rh.3 Rliyf;fz;Z MfpNahu;fs; Kd;dpiyapy; ghu;itkf[u;> tiuglk; jahu; nra;jjhf rhl;rpak; mspj;Js;shu;. m.rh.2 kw;Wk; m.rh.3 MfpNahu;fs; jq;fsJ rhl;rpaq;fspy; jq;fs; Cupy; Nfhtpy; nfhiltpohtpw;F mDkjpNfhup khD}u; fhty; epiyak; nrd;wNghJ NghyPrhu; jq;fsplk; ifnaOj;J thq;fpajhfTk; vd;d vOjpapUe;jJ vd;W njupahJ vd;Wk; rhl;rpak; mspj;Js;shu;. m.rh.2 kw;Wk; m.rh.3 MfpNahu;fspd; rhl;rpaq;fis guprPyid nra;J ghu;f;Fk;NghJ ghu;itkf[u; kw;Wk; khjpuptiuglk; Mfpait jFe;j rhl;rpaq;fs; %yk; epUgpf;fg;gltpy;iy.'' 5/8 https://www.mhc.tn.gov.in/judis HCP(MD)No.879 of 2025 6.Considering the above facts and circumstances of the case, this Court is inclined to pass an order to the effect that since the ground case, which is relied by the Sponsoring Authority to detain the detenu under Act 14 is not proved before the trial Court. 7..In the result, the Habeas Corpus Petition is allowed and the order of detention in M.H.S Confdl. No.35 of 2025, dated 22/03/2025 passed by the second respondent is set aside. The detenu viz., Sudhan alias Kurichan, S/o.Mariappan, aged about 22 years, is directed to be released forthwith unless his detention is required in connection with any other case. (G.K.I., J.) (R.P., J.) 03-12-2025 Index:Yes/No Internet:Yes/No er 6/8 https://www.mhc.tn.gov.in/judis HCP(MD)No.879 of 2025 G.K.ILANTHIRAIYAN,J and R.POORNIMA,J er To, 1.The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai-600 009. 2.The District Collector and District Magistrate, Tirunelveli District, Tirunelveli. 3.The Superintendent of Prison, Central Prison, Palayamkottai, Tirunelveli. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.. HCP (MD) No.879 of 2025 03/12/2025 7/8 https://www.mhc.tn.gov.in/judis HCP(MD)No.879 of 2025 8/8 https://www.mhc.tn.gov.in/judis