2026:MHC:2524 HCP No. 2738 of 2025 __________ IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06-07-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN HCP No. 2738 of 2025 Devi W/o. Thangam, Ambedkar Colony, Behind R.T.O.Office, K.K.Nagar, Chennai - 78. ..Petitioner(s) Vs 1. The Government of Tamilnadu Rep.by its Additional Chief Secretary to Government, Home Prohibition and Excise Department, Secretariat, Chennai - 600 009. 2. The Commissioner of Police, Greater Chennai Police, Vepery, Chennai - 08. 3. The Superintendent, Central Prison, Puzhal, Chennai - 600 066. 4. Inspector of Police, L and O, R-10, MGR Nagar Police Station, Chennai. ..Respondent(s) Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus to calling for records relating to the proceedings of the 2nd respondent in B.B.C.D.E.F.G.I.S.S.S.V.No.797/2025 dated 16.10.2025 against the petitioner’s son Sathishkumar @ Kutta Sathish, male, https://www.mhc.tn.gov.in/judis 2026:MHC:2524 HCP No. 2738 of 2025 __________ aged about 20, S/o. Thangam and quash the same and consequently direct the respondents herein to produce the detenu who is detained under the Tamil Nadu Act 14 of 1982 currently confined the Central Prison, Puzhal before this Hon’ble Court and set him at Liberty. For Petitioner(s): Ms.S.Rohini for Mr.G.Pandian For Respondent(s): Mr.C.R.Malarvannan Counsel For Government Of Tamil Nadu (criminal Side) ORDER (Order of the Court was made by Dr.Anita Sumanth J.) One Sathishkumar @ Kutta Sathish, S/o. Thangam, aged 20 years, has suffered an order of detention dated 16.10.2025 and his mother has approached this Court seeking to set aside the detention order. 2. We have heard both learned counsel for the petitioner as well as learned counsel for Government of Tamil Nadu (criminal side) for the respondents. 3. Learned counsel appearing on behalf of the petitioner has raised various grievances as against the impugned order of detention. Firstly, he points out that the Special Report that forms an important basis for the grounds of detention, is not even dated. 4. We have perused the Special Report which is placed at page 119 of the booklet furnished. As rightly pointed out, we find the same undated. Insofar as the Special Report is one of the important documents, based on which the https://www.mhc.tn.gov.in/judis 2026:MHC:2524 HCP No. 2738 of 2025 __________ decision to detain the petitioner has been taken, the same ought to have been dated, to establish credibility. 5. The compelling necessity to detain the detenu would depend on the date on which the sponsoring authority has sent his report. In the absence of the said date, the special report would become irrelevant and the compelling necessity to detain the detenu becomes doubtful. That apart, in the absence of a date, the proximity of the document to the incriminating events is also lost, and to this extent, there is a snappage of the link between that document and the other events. 6. Further in Rekha Vs. State of Tamil Nadu through Secretary to Government and another (2011 [5] SCC 244), the Hon’ble Supreme Court had held that where the detention order is passed on any irrelevant material, then, the detention order is liable to be quashed. Therefore, we are of the view that for the aforesaid reasons the impugned detention order is liable to be set aside. 7. Secondly, the bail order relied upon by the authorities is not similar, in that, while the offence alleged is one and the same, there has been recovery of portion of the amount, which also persuaded that authority to grant bail. 8. In light of the aforesaid discussion, this Habeas Corpus Petition is allowed and the Detention Order passed by the second respondent in No. 797/BBCDEFGISSSV/2025 dated 16.10.2025 is set aside. 9. The detenu, viz., Sathishkumar @ Kutta Sathish, S/o. Thangam, aged 20 years, now confined in Central Prison, Puzhal, Chennai, is directed to be set https://www.mhc.tn.gov.in/judis 2026:MHC:2524 HCP No. 2738 of 2025 __________ at liberty forthwith unless his presence is required in connection with any other case. (A.S.M.,J.) (S.M.,J.) 06-07-2026 Index: Yes/No Speaking order Neutral Citation: Yes SSM Note to Registry: Issue Today. To 1. The Additional Chief Secretary to Government, Home Prohibition and Excise Department, Secretariat, Chennai - 600 009. 2. The Commissioner of Police, Greater Chennai Police, Vepery, Chennai - 08. 3. The Superintendent, Central Prison, Puzhal, Chennai - 600 066. 4. The Inspector of Police, L and O, R-10, MGR Nagar Police Station, Chennai. 5. The Joint Secretary to Government Public (Law and Order), Fort St.George, Chennai – 9. 6. The Public Prosecutor, High Court, Madras. https://www.mhc.tn.gov.in/judis 2026:MHC:2524 HCP No. 2738 of 2025 __________ DR.ANITA SUMANTH J. AND SUNDER MOHAN J. SSM HCP No. 2738 of 2025 06-07-2026 https://www.mhc.tn.gov.in/judis