HCP No. 274 of 2026 __________ Page1 of 6 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. 274 of 2026 Chitra W/o Krishnamurthy, ..Petitioner(s) Vs 1. State of Tamil Nadu Rep. by the Additional Chief Secretary to the Government Home Prohibition and Excise Department, Secretariat, Fort.St.George, Chennai - 600009. 2. The Commissioner of Police Greater Chennai, Office of The Commissioner of Police (Goondas Section), Vepery, Chennai. 3. The Superintendent of Prison Central Prison, Puzhal, Chennai. 4. The Inspector Of Police T-5, Vanagaram Police Station, Chennai. ..Respondent(s) https://www.mhc.tn.gov.in/judis HCP No. 274 of 2026 __________ Page2 of 6 Habeas Corpus Petition filed under Article 226 of Constitution of India to issue a Writ, order or direction in the nature of a Habeas Corpus to call for the records relating to the Detention Order vide No.1031/BBCDEFGISSSV/2025 dated 10.12.2025 passed by the second respondent and quash the same and direct the respondents herein to produce the petitioners husband namely Krishnamurthy, S/o Annamalai aged 48 years, who is presently under going detention in the Central Prison, Puzhal, before this Court and set him at liberty. For Petitioner(s): Mr.A.Tamilselvan For Respondent(s): Mr.Mohamed Riyaz Government Advocate (Crl.side) ORDER (Order of the Court was made by N.Sathish Kumar J.) The petitioner, who is the wife of the detenu Krishnamurthy, S/o Annamalai, male aged 48 years, has come forward with this petition challenging the detention order passed by the second respondent dated 10.12.2025 bearing reference No.1031/BBCDEFGISSSV/2025 slapped on her husband, 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. https://www.mhc.tn.gov.in/judis HCP No. 274 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 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 29.04.2025 in Crl.O.P.No.13031 of 2025 wherein bail has been granted by this Court to one Ambala Athithan, S/o.Chandrasekaran. 5. In this regard, the learned counsel drew the attention this Court to order in Crl.O.P.No.13031 of 2025, which is enclosed at Page No. 9 of Volume II of the booklet. A careful perusal of the said order, brings to light that in the said case apart from offence under B.N.S Act and Cigarette and Other Tobacco Products Act, 2003, an offence under Section 77 of Juvenile Justice (Care and Protection of Children) Act, 2015 has also been added. Therefore, taking said https://www.mhc.tn.gov.in/judis HCP No. 274 of 2026 __________ Page4 of 6 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 10.12.2025 in Memo No.1031/BBCDEFGISSSV/2025 is hereby set aside. The detenu viz., Krishnamurthy, S/o Annamalai, male aged 48 years, 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 https://www.mhc.tn.gov.in/judis HCP No. 274 of 2026 __________ Page5 of 6 To 1. Additional Chief Secretary to the Government Home Prohibition and Excise Department, Secretariat, Fort.St.George, Chennai - 600009. 2. The Commissioner of Police Greater Chennai, Office of The Commissioner of Police (Goondas Section), Vepery, Chennai. 3. The Superintendent of Prison Central Prison, Puzhal, Chennai. 4. The Inspector Of Police T-5, Vanagaram 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. 274 of 2026 __________ Page6 of 6 N.SATHISH KUMAR, J. AND K.RAJASEKAR, J. gpa HCP No. 274 of 2026 13-08-2026 https://www.mhc.tn.gov.in/judis