2026:MHC:1555 HCP No. 2435 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21-04-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN HCP No. 2435 of 2025 Vijay S/o.Selvaraj, No. 34, Masthan Kovil Street, Royapuram, Chennai- 600 013. ..Petitioner(s) Vs 1. State Represented by its Home Secretary to the Govt. of Tamilnadu, Home, Prohibition and Excise Department, Fort St. George, Chennai- 600 009. 2. The Commissioner of Police Greater Chennai, Chennai 600 007. 3. The inspector of Police G-7, Chetpet Police Station, Chennai. 4. The Superintendent of Prison Central Prison, Puzhal. ..Respondent(s) __________ Page1 of 5 https://www.mhc.tn.gov.in/judis HCP No. 2435 of 2025 Prayer: Habeas Corpus petition filed under article 226 of Constitution of India for issuance of a Writ of Habeas Corpus and call for the records in relating to the order of detention passed by the 2nd respondent dt. 25.08.2025 in No. 595/BBCDEFGISSSV/2025 against the petitioner’s brother, Suriya, the Detenue, Male, aged 26 years, S/o.Samikannu, who is confined at Central Prision, Puzhal and set aside the same and direct the respondents to produce the detenue before this Hon’ble Court and set him at liberty. For Petitioner(s): Mr.V.Vasanth For Respondent(s): Mr. R.Muniyapparaj Additional Public Prosecutor Assisted By Mr. M.Sylvester John Order (Order of the Court was made by Dr.Anita Sumanth J.) The relative of Suriya, S/o Samikannu, who has detained as a Goonda has instituted this petition challenging an order of detention dated 25.08.2025. 2.We have heard the detailed submissions of Mr.V.Vasanth, learned counsel for the petitioner and Mr.R.Muniyapparaj, learned Additional Public Prosecutor for the respondents. 3.We are of the considered view that the petitioner must succeed. The booklet supplied to the detenu and the Court contains, at page 101, the Special Report of the authorities, which is undated. The Supreme Court in the case of 'Sushanta Kumar Banik Vs. State of Tripura', [2022 LiveLaw (SC) 813] has reiterated the necessity for a proximate link between all stages of the __________ Page2 of 5 https://www.mhc.tn.gov.in/judis HCP No. 2435 of 2025 investigation leading to the detention, to establish the justification for the detention. In the present case, the non-dating of the Special Report, that is one of the important basis for the order of detention, would cast a cloud on the link between the Special Report and the detention, also vitiating the impugned order. 4. In light of the aforesaid discussion, this Habeas Corpus Petition is allowed and the Detention Order passed by the second respondent in No.595/BBCDEFGISSSV/2025, dated 25.08.2025, is set aside. 5. The detenu, viz., Suriya, S/o. Samikannu, aged 26 years, 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.) 21-04-2026 vs Index: Yes/No Speaking order Neutral Citation: Yes Note to Registry : Issue Today. To 1. The Home Secretary to the Govt. of Tamilnadu, Home, Prohibition and Excise Department, Fort St. George, Chennai- 600 009. 2. The Commissioner of Police Greater Chennai, Chennai 600 007. __________ Page3 of 5 https://www.mhc.tn.gov.in/judis HCP No. 2435 of 2025 3. The inspector of Police G-7, Chetpet Police Station, Chennai. 4. The Superintendent of Prison Central Prison, Puzhal. 5. The Public Prosecutor, High Court of Madras. 6. The Joint Secretary to Government, Public (Law and Order), Fort St.George, Chennai-9. __________ Page4 of 5 https://www.mhc.tn.gov.in/judis HCP No. 2435 of 2025 DR.ANITA SUMANTH J. AND SUNDER MOHAN J. vs HCP No. 2435 of 2025 21-04-2026 __________ Page5 of 5 https://www.mhc.tn.gov.in/judis