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2025 DAILYLAW 8440 (MAD)

JAMUNA v. The State of Tamil Nadu rep by

HCP/2653/2025 · 2026-07-20

Anita Sumanth, Sunder Mohan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HCP No. 2653 of 2025 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20-07-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN HCP No. 2653 of 2025 Jamuna ..Petitioner(s) Vs 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. 2. The Commissioner of Police, Greater Chennai, Office of the Commissioner of Police (Goondas Section), Vepery, Chennai - 600 007. 3. The Superintendent of Prison, Central Prison, Puzhal, Chennai. 4. The Inspector of Police S-7, Madipakkam Police Station, Chennai. ..Respondent(s) Prayer: Petition filed under Article 226 of the Constitution of India, seeking for a Writ of Habeas Corpus calling for the records relating to the Detention Order vide No.928/BBCDEFGISSSV/2025 dated 10.11.2025, passed by the Second Respondent and quash the same and direct the respondents herein to produce the petitioner’s son namely Saranbabu S/o. Kannaiya Babu. aged 25 years, (who is https://www.mhc.tn.gov.in/judis HCP No. 2653 of 2025 __________ Page2 of 6 presently under going detention in the Central Prison, Puzhal), before this Court and set him at liberty. For Petitioner(s): Mr. N. Arun Kumar For Respondent(s): Mr. C.R. Malarvannan, Counsel for Government of Tamil Nadu (Criminal Side) ORDER (Order of the Court was made by Sunder Mohan J.) The mother of the detenu – Saranbabu, aged 25 years, S/o.Kannaiya Babu, has filed this petition challenging the detention order dated 10.11.2025, branding him as a ‘Goonda’ under Section 2(f) of the Tamil Nadu Preventive Detention Act, 1982 (Act 14/1982). 2. Heard the learned counsel for the petitioner and the learned Counsel for Government of Tamil Nadu (Criminal Side) for the respondents. 3.The detention order is liable to be quashed for more than one reason. Firstly, it is seen that some of the documents relied upon by the detaining authority viz., the Arrest Card and the Remand Report has not been translated in Tamil. Admittedly, the detenu is acquainted only with Tamil. It is well settled that if the relied upon documents are not furnished in the language known to the detenu, his right to make effective representation would be denied. In 'Powanammal Vs. State of Tamil Nadu' reported in '(1999) 2 SCC 413', the https://www.mhc.tn.gov.in/judis HCP No. 2653 of 2025 __________ Page3 of 6 Hon’ble Supreme Court had held that non-supply of relevant documents in the language known to the detenu renders the detention illegal. 4.Secondly, the detaining authority has stated that the detenu had filed a bail application in Crl.M.P.No.3429/2025 before the Principal District and Sessions Judge, Chengalpet and the same is pending; and that in a similar case, bail was granted to some other accused by the Sessions Court, Chennai, in Crl.M.P.No.20525/2024 on 29.07.2024. 5.The detaining authority ought to have seen whether the facts in the bail order relied upon by him were comparable to the facts of the instant case. The accused therein was accused of the offences under Sections 126(2), 296(b), 115, 125, 309(4), 311, 351(2) of BNS, whereas, in the present case, the detenu is accused of the offences under Sections 126(2), 296(b), 115(2), 309(4), 311, 125, 324(2) & 351(3) of BNS. Therefore, the reliance placed by the detaining authority on the said order, vitiates his subjective satisfaction as regards the possibility of the detenu coming out on bail. For both the reasons, the detention order is liable to be quashed. 6. In light of the above discussion, this Habeas Corpus Petition is allowed and the Detention Order passed by the second respondent in No.928/BBCDEFGISSSV/2025 dated 10.11.2025 is set aside. https://www.mhc.tn.gov.in/judis HCP No. 2653 of 2025 __________ Page4 of 6 7.The detenu, viz., Saranbabu, aged 25 years, S/o.Kannaiya Babu, now confined in Central Prison, Puzhal, Chennai, is directed to be set at liberty forthwith, unless his presence is required in connection with any other case. (A.S.M.,J.) (S.M.,J.) 20-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No Note: Issue order copy today. TSG To 1. The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai - 600 009. 2. The Commissioner of Police, Greater Chennai, Office of the Commissioner of Police (Goondas Section), Vepery, Chennai - 600 007. 3. The Superintendent of Prison, Central Prison, Puzhal, Chennai. 4. The Inspector of Police S-7, Madipakkam Police Station, Chennai. https://www.mhc.tn.gov.in/judis HCP No. 2653 of 2025 __________ Page5 of 6 5. The Joint Secretary, Law and Order Department, Secretariat, Chennai – 600 009. 6. The Public Prosecutor, High Court of Madras. https://www.mhc.tn.gov.in/judis HCP No. 2653 of 2025 __________ Page6 of 6 DR.ANITA SUMANTH, J. AND SUNDER MOHAN, J. TSG HCP No. 2653 of 2025 20-07-2026 https://www.mhc.tn.gov.in/judis