HCP No. 523 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19-08-2026 CORAM THE HON'BLE MR JUSTICE N. SATHISH KUMAR AND THE HON'BLE MR.JUSTICE K.RAJASEKAR HCP No. 523 of 2026 Madhavi W/o. Sankar, No.1543, DR Ambetkar Nagar, 9th Street, Velacherry, Chennai - 600 042. ..Petitioner(s) Vs 1. The State of Tamil Nadu represented 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, Vepery, Chennai - 600 007. 3. The Superintendent, Central Prison, Puzhal, Chennai - 600 066. 4. The Inspector of Police, S8, Adambakkam Police Station, Chennai - 600 088. ..Respondent(s) Habeas Corpus Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus to calling for the records relating to the detention order BBCDEFGISSSV No.80/2026 dated 19.02.2026 passed by the https://www.mhc.tn.gov.in/judis HCP No. 523 of 2026 __________ Page2 of 6 second respondent and quash the same and direct the respondents herein to produce the petitioner’s son viz. Sanjai @ Gundu Sanjay, aged 23 years, S/o.Sankar, who is now confined in Central Prison, Puzhal, Chennai, before this Court and set him at liberty. For Petitioner(s): Mr.P.Thompson For Respondent(s): Mr.M.Mohamed Riyaz Government Advocate (Crl.Side) ORDER (made by N.Sathish Kumar J.) The petitioner, who is the mother of the detenu Sanjai @ Gundu Sanjay, aged 23 years, S/o.Sankar, has come forward with this petition challenging the detention order passed by the second respondent dated 19.02.2026 bearing reference BBCDEFGISSSV No.80/2026 branding him as "Drug Offender" under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982 [Tamil Nadu Act 14 of 1982]. 2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondents. https://www.mhc.tn.gov.in/judis HCP No. 523 of 2026 __________ Page3 of 6 3. Though several grounds have been raised by the petitioner in the habeas corpus petition assailing the detention order, in the hearing, learned counsel for the petitioner confined his argument only with regard to non- application of mind on the part of the detaining authority in arriving at the subjective satisfaction regarding imminent possibility of detenu being enlarged on bail while passing the impugned order of detention. 4. The learned counsel for the petitioner submitted that the detenu was arrested and remanded to judicial custody in connection with the ground case and three adverse cases and the bail application filed by the detenu in respect of the ground case is pending and therefore, there is no real possibility of the detenu coming out on bail in the near future. However, the detaining authority while passing the impugned detention order, arrived at the subjective satisfaction regarding imminent possibility of coming out on bail by relying on a bail order in Crl.O.P.No.18043 of 2024. 5. In this regard, the learned counsel drew the attention this Court to the order in Crl.O.P.No.18043 of 2024, which is enclosed at Page No.54 in Volume II of the booklet. A perusal of the said order shows that the there was one previous case pending against the accused therein, whereas, there are eight previous cases pending against the detenu herein and therefore, the subjective satisfaction arrived at by the detaining authority regarding the imminent https://www.mhc.tn.gov.in/judis HCP No. 523 of 2026 __________ Page4 of 6 possibility of detenu being enlarged on bail shows clear non-application of mind. Therefore, the impugned preventive detention order deserves to be dislodged. In the result, this habeas corpus petition is allowed and the detention order passed by the second respondent dated 19.02.2026 bearing reference BBCDEFGISSSV No.80/2026 is hereby set aside and the detenu viz. Sanjai @ Gundu Sanjay, aged 23 years, S/o.Sankar, is directed to be set at liberty forthwith unless he is required in connection with any other case. (N.S.K.,J.) (K.R.S.,J.) 19-08-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No nsd https://www.mhc.tn.gov.in/judis HCP No. 523 of 2026 __________ Page5 of 6 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, Vepery, Chennai - 600 007. 3. The Superintendent, Central Prison, Puzhal, Chennai - 600 066. 4. The Inspector of Police, S8, Adambakkam Police Station, Chennai - 600 088. 5. The Public Prosecutor, Madras High Court, Chennai. https://www.mhc.tn.gov.in/judis HCP No. 523 of 2026 __________ Page6 of 6 N.SATHISH KUMAR J. AND K.RAJASEKAR J. nsd HCP No. 523 of 2026 19-08-2026 https://www.mhc.tn.gov.in/judis