HCP No. 373 of 2026 __________ Page1 of 5 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. 373 of 2026 Sathiya W/o.Haridass ..Petitioner(s) Vs. 1. The Secretary to the Government, Home Prohibition and Excise Dept, Secretariat, Chennai 600 009. 2. The District Collector and District Magistrate of Ranipet District, Ranipet-1. 3. The Superintendent of Police, Ranipet District, Ranipet. 4. The Superintendent of Prison, Central Prison, Vellore. 5. The Inspector of Police, Kalavai Police Station, Ranipet District. ..Respondent(s) Habeas Corpus Petition filed under Article 226 of Constitution of India to issue a WRIT OF HABEAS CORPUS or any other Writ or Order in the nature of Writ call for the records in Connection with the order of Detention passed by the second respondent dated 11.02.2026 in B3/D.O.No.03/2026 against the petitioner Husband Haridass, male, aged 30 Years S/o.Pari, who is https://www.mhc.tn.gov.in/judis HCP No. 373 of 2026 __________ Page2 of 5 confined at Central Prison, Vellore and set aside the same and direct the respondents to produce the detenu before the Honble Court and set him at liberty. For Petitioner(s): Mr. D.Balaji 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 Haridass, male, aged 30 years, S/o.Pari, has come forward with this petition challenging the detention order passed by the second respondent dated 11.02.2025 bearing reference B3/D.O.No.03/2026 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. 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. 373 of 2026 __________ Page3 of 5 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 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 11.12.2024 in Crl.M.P.No.5694 of 2024 wherein statutory bail was granted to Selvakumar. 5. In this regard, the learned counsel drew the attention of this Court to order in Crl.M.P.No.5694 of 2024, which is enclosed at Page No. 25 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 187(3)(ii) of BNSS. 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. https://www.mhc.tn.gov.in/judis HCP No. 373 of 2026 __________ Page4 of 5 6. In the result, this Habeas Corpus Petition is allowed and the detention order passed by the second respondent dated 11.02.2026 in B3/D.O.No.03/2026 is hereby set aside. The detenu viz., Haridass, S/o.Pari, male, aged 30 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.) 19-08-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No gpa To 1. The Secretary to the Government, Home Prohibition and Excise Dept, Secretariat, Chennai 600 009. 2. District Collector and District Magistrate of Ranipet District, Ranipet-1. 3. The Superintendent of Police, Ranipet District, Ranipet. 4. The Superintendent of Prison, Central Prison, Vellore. 5. The Inspector of Police, Kalavai Police Station, Ranipet District. 6. The Joint Secretary to Government Public (Law & Order) Fort Saint George, Chennai – 9 7. The Public Prosecutor High Court, Madras. https://www.mhc.tn.gov.in/judis HCP No. 373 of 2026 __________ Page5 of 5 N.SATHISH KUMAR, J. AND K.RAJASEKAR, J. gpa HCP No. 373 of 2026 19-08-2026 https://www.mhc.tn.gov.in/judis