HCP No. 320 of 2026 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-08-2026 CORAM THE HON'BLE MR JUSTICE N. SATHISH KUMAR AND THE HON'BLE MR.JUSTICE K.RAJASEKAR HCP No. 320 of 2026 Mariyammal W/o. Velan ..Petitioner(s) Vs 1. The Principal Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009. 2. The Commissioner of Police, Tambaram City. 3. The Superintendent of Prison, Central Prison, Puzhal, Chennai - 66. 4. The Inspector of Police, Law and Order, T25, Singaperumal Kovil Police Station, Chennai. ..Respondent(s) Habeas Corpus Petition filed under Article 226 of Constitution India to issue Writ of Habeas Corpus to call for the records in connection with the order of detention passed by the second respondent dated 17.12.2025 in Memo No.176/BBCDEFGUSSSV/2025 against the petitioner's brother namely Mariyappan, male aged 24 years S/o.Jayapal who is confined at Central Prison, Puzhal and set aside the same and direct the respondents to produce the detenue https://www.mhc.tn.gov.in/judis HCP No. 320 of 2026 __________ Page2 of 5 before the this Court and set him at liberty. For Petitioner(s): Mr. S.Senthilvel For Respondent(s): Mr.M.Mohamed Riyaz Government Advocate (Crl.side) ORDER (Order of the Court was made by N.Sathish Kumar J.) The petitioner, who is the sister of the detenu J.Mariyappan, male aged 24 years S/o.Jayapal, has come forward with this petition challenging the detention order passed by the second respondent dated 17.12.2025 in Memo No. 176/BBCDEFGUSSSV/2025 slapped on her brother, branding him as "Goonda" 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. 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. https://www.mhc.tn.gov.in/judis HCP No. 320 of 2026 __________ Page3 of 5 4.The learned counsel for the petitioner submitted that the detenu was arrested and remanded to judicial custody in connection with the one ground case and one adverse case and 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 dated 22.08.2024 in Crl.M.P.No.4783 of 2024 wherein statutory bail was granted to Ajith and another. 5. In this regard, the learned counsel drew the attention this Court to order in Crl.M.P.No.4783 of 2024, which is enclosed at Page No. 237 of Volume II of the booklet. A careful perusal of the said order, brings to light that it is a case of statutory bail under Section 167(2) of Cr.P.C. Therefore, taking a default bail order as a basis for arriving at subjective satisfaction regarding the imminent possibility of detenu being enlarged on bail shows clear non- application of mind. Therefore, the impugned preventive detention order deserves to be dislodged. 6. In the result, this Habeas Corpus Petition is allowed and the detention order passed by the second respondent dated 17.12.2025 in Memo No.176/BBCDEFGUSSSV/2025 is hereby set aside. The detenu viz., https://www.mhc.tn.gov.in/judis HCP No. 320 of 2026 __________ Page4 of 5 J.Mariyappan, male aged 24 years S/o.Jayapal, 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.) 13-08-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No gpa To 1. The Principal Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009. 2. The Commissioner of Police, Tambaram City. 3. The Superintendent of Prison, Central Prison, Puzhal, Chennai - 66. 4. The Inspector of Police, Law and Order, T25, Singaperumal Kovil Police Station, Chennai. 5. The Joint Secretary to Government Public (Law & Order) Fort Saint George, Chennai – 9 6. The Public Prosecutor High Court, Madras. https://www.mhc.tn.gov.in/judis HCP No. 320 of 2026 __________ Page5 of 5 N.SATHISH KUMAR, J. AND K.RAJASEKAR, J. gpa HCP No. 320 of 2026 13-08-2026 https://www.mhc.tn.gov.in/judis