HCP No. 591 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14-08-2026 CORAM THE HON'BLE MR JUSTICE N. SATHISH KUMAR AND THE HON'BLE MR.JUSTICE K.RAJASEKAR HCP No. 591 of 2026 Nareshkumar S/o.Mani, No. 11, Valukkal Check Post Backside, Rangasamuthiram, Pichanur Post, Madukarai Taluk, Coimbatore District. Now confined at Central Prison, Coimbatore, Coimbatore District. ..Petitioner(s) Vs 1. The Secretary to the Government Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009. 2. District Collector and District Magistrate Coimbatore, Coimbatore District. 3. The Superintendent of Police Coimbatore, Coimbatore District. 4. The Superintendent Central Prison, Coimbatore. 5. State Rep by The Inspector of Police Kinathukadavu Police Station, Coimbatore District. ..Respondent(s) https://www.mhc.tn.gov.in/judis HCP No. 591 of 2026 __________ Page2 of 6 PRAYER: Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for a Writ of Habeas Corpus to call for the records in connection with the order of Detention passed by the 2nd respondent dated 12.12.2025 in Cr.M.P.No. 59/D.O./2025 against the petitioner Nareshkumar , M/35 years, S/o.Mani, who is confined at Central Prison, Coimbatore and set aside the same and consequently direct the respondents to produce the detenue before the Hon’ble Court and set him at liberty. For Petitioner(s): Mr.A.Saranraj For Respondent(s): Mr.M.Mohamed Riyaz, Government Advocate (Crl.Side) ORDER (Order of the Court was made by N.Sathish Kumar J.) The order of detention passed by the second respondent in Cr.M.P.No. 59/D.O./2025 dated on 12.12.2025 is sought to be quashed in the present Habeas Corpus Petition. 2. We have heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondents. We have perused the materials available on record. 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 https://www.mhc.tn.gov.in/judis HCP No. 591 of 2026 __________ Page3 of 6 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 detenue being enlarged on bail while passing the impugned order of detention. 4.The learned counsel for the petitioner submitted that the detenue 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 18.12.2024 in C.M.P No.3890 of 2024 wherein statutory bail was granted to the accused therein. 5. In this regard, the learned counsel drew the attention this Court to order in Crl.MP No.5272 of 2023, which is enclosed at Page No.73 of Volume I of the booklet. A careful perusal of the said order, brings to light that it is a case of statutory bail under Section 187(2) of Cr.P.C. Therefore, taking a default bail order as a basis for arriving at subjective satisfaction regarding the imminent possibility of detenue being enlarged on bail shows clear non-application of mind. Therefore, the impugned preventive detention order deserves to be dislodged. https://www.mhc.tn.gov.in/judis HCP No. 591 of 2026 __________ Page4 of 6 6. In the result, this Habeas Corpus Petition is allowed and the detention order passed by the second respondent in Cr.M.P.No. 59/D.O./2025 dated on 12.12.2025 is hereby set aside. The detenu Thiru.Nareshkumar, S/o.Mani aged about 35 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.) 14-08-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SSI To: 1. The Secretary to the Government Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009. 2. District Collector and District Magistrate Coimbatore, Coimbatore District. 3. The Superintendent of Police Coimbatore, Coimbatore District. 4. The Superintendent Central Prison, Coimbatore. https://www.mhc.tn.gov.in/judis HCP No. 591 of 2026 __________ Page5 of 6 5. State Rep by The Inspector of Police Kinathukadavu Police Station, Coimbatore District. 6. The Public Prosecutor, High Court of Madras. https://www.mhc.tn.gov.in/judis HCP No. 591 of 2026 __________ Page6 of 6 N.SATHISH KUMAR, J. AND K.RAJASEKAR, J. SSI HCP No. 591 of 2026 14-08-2026 https://www.mhc.tn.gov.in/judis