HCP(MD)No.673 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.07.2026 CORAM: THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MS.JUSTICE R.POORNIMA HABEAS CORPUS PETITION(MD)No.673 of 2026 Prakash ... Petitioner Vs. 1. The State of Tamil Nadu, Rep. by its The Additional Chief Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, Chennai-600 009. 2.The District Collector and District Magistrate, Office of the District Collector and District Magistrate, Tirunelveli. 3. The Superintendent of Prison, Palayamkottai Central Prison, Tirunelveli. ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, calling for the entire records connected with the detention order of the 2nd respondent passed in M.H.S.Confdl.No.04/2026 dated 17-01-2026 and quash the same and direct the respondents to produce the body or person of the detenu by name Page No.1 of 6 https://www.mhc.tn.gov.in/judis HCP(MD)No.673 of 2026 Prakash, son of Ganesan, aged about 30 years, detained as 'Goonda' at Palayamkottai Central Prison, before this Court and set him at liberty forthwith. For Petitioner : Dr.R.Alagumani For Respondents : Mr.G.Karuppasamy Pandiyan Counsel for State of Tamilnadu (Crl.Side) O R D E R [Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] The petitioner is the detenu viz., Prakash, son of Ganesan, aged about 30 years. The detenu has been detained by the second respondent by his order in M.H.S.Confdl.No.04/2026 dated 17-01-2026, holding him to be a "Goonda", as contemplated under Section 2(f) of 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 counsel for State of Tamilnadu (Crl.Side) appearing for the respondents. We have also perused the records produced by the Detaining Authority. Page No.2 of 6 https://www.mhc.tn.gov.in/judis HCP(MD)No.673 of 2026 3. Learned counsel for the petitioner would submit that it is a solitary case and that the detenu has not filed any application for bail. While so, the detaining authority relying on another case stating it to be a similar case, has inferred that there is a real possibility of the detenu coming out on bail. The subjective satisfaction recorded by the authority without disclosing the facts of the case and without any supporting material, is a mere ipse dixit. Hence, the above finding is without application of mind. Thus, he prays for setting aside the impugned detention order. 4. When no such bail application has been filed by the detenu, there is no likelihood of the detenu being released on bail. Further, the similar case relied on also does not pertain to a co-accused and it pertains to a different crime number registered in the year 2024, which reflects non- application of mind on the part of the detaining authority. Therefore, the subjective satisfaction arrived at by the detaining authority is ipse dixit. Further, the present case is squarely covered by the judgment of the Hon'ble Supreme Court in Alagu vs. The State of Tamil Nadu reported in Page No.3 of 6 https://www.mhc.tn.gov.in/judis HCP(MD)No.673 of 2026 2026 SCC OnLine SC 976 : (2026) SCC 976. Therefore, we are inclined to interfere with the impugned order. 5. In the result, the Habeas Corpus Petition is allowed and the order of detention in M.H.S.Confdl.No.04/2026 dated 17-01-2026 passed by the second respondent is set aside. The detenu namely, Prakash, son of Ganesan, aged about 30 years, is directed to be released forthwith, unless his detention is required in connection with any other case. [A.D.J.C., J.] [R.P., J.] 29.07.2026 Index : Yes / No Neutral Citation : Yes / No rm Page No.4 of 6 https://www.mhc.tn.gov.in/judis HCP(MD)No.673 of 2026 To: 1. The Additional Chief Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, Chennai-600 009. 2.The District Collector and District Magistrate, Office of the District Collector and District Magistrate, Tirunelveli. 3. The Superintendent of Prison, Palayamkottai Central Prison, Tirunelveli. 4. The Counsel for State of Tamilnadu (Crl.Side), Madurai Bench of Madras High Court, Madurai. Page No.5 of 6 https://www.mhc.tn.gov.in/judis HCP(MD)No.673 of 2026 A.D.JAGADISH CHANDIRA, J. AND R.POORNIMA, J. rm ORDER MADE IN HCP(MD)No.673 of 2026 DATED : 29.07.2026 Page No.6 of 6 https://www.mhc.tn.gov.in/judis