2026:MHC:2940 HCP No. 290 of 2026 __________ IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21-07-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN HCP No. 290 of 2026 Jainaf W/o.Santhosh Kumar @ Masi, No.34, Porkali Amman Kovil 1st Cross Street, Kuttukuppam, Ennore, Chennai - 600 057. ..Petitioner(s) Vs 1. Government of Tamil Nadu, Rep. by its Secretary, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009. 2. The Commissioner of Police, Office of the Commissioner of Police, Avadi City. 3. The Superintendent of Prison, Central Prison, Puzhal, Chennai - 600 066. 4. The Inspector of Police, M5-Ennore Police Station, Chennai. Crime No.767 of 2025 ..Respondent(s) Petition filed under Article 226 of the Constitution of India praying to issue a WRIT OF HABEAS CORPUS or any other appropriate writ, order or direction in the nature of writ calling for the records in detention Order No.175/TNPD/APC/2025 Dated 28.11.2025, on the file of the 2nd Respondent and quash the same and direct the Respondents herein to produce the petitioner’s husband Thiru.Santhosh Kumar Alias Masi, Aged 25 Yrs, S/o.Arjunan, who is now confined in Central Prison, Puzhal before this Honble Court and set him at liberty. https://www.mhc.tn.gov.in/judis 2026:MHC:2940 HCP No. 290 of 2026 __________ For Petitioner(s): Mr.S.Silambuselvan 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.) The wife of the detenu – Santhosh Kumar @ Masi, S/o. Arjunan, branded as ‘Goonda’ and confined in Central Prison, Puzhal, Chennai under detention order dated 28.11.2025 has challenged the order of detention in this HCP. 2. We have heard Mr.S.Silambuselvan, learned counsel for the petitioner and Mr.C.R.Malarvannan, learned Counsel for Government of Tamil Nadu (Criminal Side), learned counsel for the respondents. 3. One of the grounds in the impugned order of detention is the apprehension that the detenu may be enlarged on bail. However, the detenu has not moved bail application and hence there was no need for any apprehension on the part of the detaining authority that he would be enlarged on bail. In order to sustain the subjective satisfaction, the detaining authority makes reference to the statement avowedly recorded from the detenu’s relative under Section 180(3) of the BNSS to the effect that they are taking steps to enlarge him on bail. A copy of the statement has been placed at page No.41 of the booklet. https://www.mhc.tn.gov.in/judis 2026:MHC:2940 HCP No. 290 of 2026 __________ 4. However, we find that the statement is neither dated nor signed and hence there is nothing to support the satisfaction of the detaining authority that there are efforts on-going to secure bail for the detenu. If at all the authority had wished to rely on the document, it would necessarily have to be signed by the relative to support the apprehension of the authority. 5. We have, in fact, taken a similar view in our order dated 03.03.2026 in HCP Nos. 2129, 2179 and 2340 of 2025 and the relevant paragraphs are extracted below: 8. On the first question whether bail applications have been filed at all, we have perused the booklets that contain the avowed statements of M.Pitchaiammal at page 147, Nagomi at page 146 and Mohan at page 148 of the booklet. 9. According to the petitioners, there are three flaws in the statements recorded. Firstly, they are unsigned, secondly, they are undated and thirdly, the crime number mentioned therein is incorrect, insofar as the crime number mentioned is 332 of 2025, whereas the crime number in the ground case in all three cases is 378 of 2025. 10. Having considered the rival contentions, we agree with the petitioners that the statements relied upon by the respondents do not support their case. Firstly, the statements are indeed unsigned and undated. There is hence absolutely no clarity, much less certainty, as to when they were recorded. 11. The description of the statements on the top of the page refers to Section 180(3) of the BNSS which corresponds to Section 161 of the Criminal Procedure Code, 1973. A statement under Section 161 is recorded in the course of investigation and the provisions of Section 162 stipulate that such a statement is not expected to be signed. That may be so. However, since in the present cases, the respondents seek to draw the benefit of those statements, it is necessary for the statements to have been signed in order to support the conclusion that Pitchaiammal, Nagomi, and Mohan are taking steps to obtain bail in the cases of the https://www.mhc.tn.gov.in/judis 2026:MHC:2940 HCP No. 290 of 2026 __________ respective detenus. In the absence of a signature, these statements cannot be relied upon for this purpose. 12. ………… 13. ……... We hence eschew the statements in toto for the purposes of the present cases. As a sequitur, subjective satisfaction of the Sponsoring Authority that M.Pitchaiammal, Nagomi and Mohan are taking steps to obtain bail, based on the above statements stands vitiated and the argument of the petitioners on this count is accepted. 6. Incidentally, our attention is drawn to an order passed in HCP (MD) N0.369 of 2026 dated 19.06.2026 passed by the co-ordinate Bench sitting at Madurai, wherein an order passed by this Bench in HCP Nos. 2129, 2179 and 2340 of 2025 dated 03.03.2026 was relied upon by that petitioner. The Bench has opined that the order is per incuriam and has rendered the following observations: 11. We have carefully gone through the order passed in HCP.Nos. 2129, 2179 and 2340 of 2025 dated 03.03.2026. The Division Bench of this Court, after taking into consideration the bar contained under Section 162 of Cr.P.C., which provides that such statement recorded under Section 161 of Cr.P.C., need not be signed, proceeded to hold that when such statements are relied upon while passing the detention order, it has to be necessarily signed failing which such statement cannot be relied upon by the Detaining Authority. 12. In our considered view, the above finding of the Division Bench is not in line with Sections 161 and 162 of Cr.P.C., / 180 and 181 of BNSS. The provisions of Cr.P.C., / BNSS makes it clear that the Police Officer may reduce into writing any statement made to him in the course of an investigation and such statement recorded by the Investigation Officer need not be signed by the person, who makes it. Thus, there is a bar provided under Section 162 of Cr.P.C., / 181 of BNSS. An exception cannot be carved out while dealing with a challenge to the detention order. The finding of the Division Bench at Paragraph No.11 of the order runs contrary to the statutory https://www.mhc.tn.gov.in/judis 2026:MHC:2940 HCP No. 290 of 2026 __________ provision and therefore, it has to be necessarily held to be per incuriam. 7. We believe that our order has been misconstrued and has not been understood in proper perspective. It was never the intention of the Bench to conclude that a statement under Section 180(3) of BNSS or Section 161 of the Cr.P.C., 1973 should be signed by the deponent, being conscious of the statutory requirement that obviates a necessity of signature on the statements recorded under the aforesaid provisions. 8. Our intention was to state that if at all those statements were sought to be taken advantage of, to buttress the subjective satisfaction of the sponsoring/detaining authority while passing an order under Act 14 of 1982, then it is necessary that the material relied upon by that authority must be seen to emanate from the deponent himself/herself, to be credible. 9. A statement under Section 180(3) of the BNSS or Section 161 of the Cr.P.C. would thus not come to the aid of the sponsoring/detaining authority, and would not contribute credible material that would support his subjective satisfaction. 10. In fact, both Sections 180(3) of BNSS and Section 161 of the Cr.P.C. relate to the examination of witnesses in the course of investigation of a case and such statements would hence be of no avail for the purpose of supporting subjective satisfaction in cases of detention. We, hence, reiterate our view in the present matter as well. https://www.mhc.tn.gov.in/judis 2026:MHC:2940 HCP No. 290 of 2026 __________ 11. That apart, the authority also cites, as a comparable case, the order in Crl.OP No. 24833 of 2023 dated 16.11.2023 by this Court. However, the accused in that case has no previous case whereas the detenu had five adverse cases. 12. Since the circumstances in the present matter are far graver, we find that the subjective satisfaction of the authority that the detenu may be enlarged on bail is misplaced, as the gravity of the offences in the present case would, no doubt, weigh with the authorities as and when the bail application filed by the detenu would be considered. 13. In light of the aforesaid discussion, this Habeas Corpus Petition is allowed and the Detention Order passed by the second respondent in No.175/TNPD/APC/2025, dated 28.11.2025, is set aside. 14. The detenu, viz., Santhosh Kumar @ Masi, S/o. Arjunan, aged 25 years, 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.) 21-07-2026 Index: Yes/No Speaking order Neutral Citation: Yes SSM Note to Registry : Issue Today To 1. The Secretary, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009. https://www.mhc.tn.gov.in/judis 2026:MHC:2940 HCP No. 290 of 2026 __________ 2. The Commissioner of Police, Office of the Commissioner of Police, Avadi City. 3. The Superintendent of Prison, Central Prison, Puzhal, Chennai - 600 066. 4. The Inspector of Police, M5-Ennore Police Station, Chennai. Crime No.767 of 2025 6. The Public Prosecutor, High Court, Madras. 7. The Joint Secretary to Government Public (Law and Order), Secretariat, Fort St.George, Chennai – 9. https://www.mhc.tn.gov.in/judis 2026:MHC:2940 HCP No. 290 of 2026 __________ DR.ANITA SUMANTH J. AND SUNDER MOHAN J. SSM HCP No. 290 of 2026 21-07-2026 https://www.mhc.tn.gov.in/judis