H.C.P.(MD) No.809 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.08.2026 CORAM: THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MR.JUSTICE B.MURUGESAN H.C.P.(MD) No.809 of 2026 Subathra ... Petitioner -vs- 1.The State of Tamil Nadu rep.by the Additional Chief Secretary to Government Home, Prohibition & Excise Department Secretariat, Chennai-600 009 2.The District Collector and District Magistrate O/o.The District Collector and District Magistrate Theni District, Theni 3.The Superintendent Central Prision, Madurai ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus to call for the entire records in detention order No.21 of 2026, dated 04.03.2026, on the file of the second respondent and quash the ____________ https://www.mhc.tn.gov.in/judis H.C.P.(MD) No.809 of 2026 same and direct the respondents herein to produce the body of the petitioner's husband, namely, Karnan, son of Thangapandi, aged about 38 years, now confined in Central Prison, Madurai, before this Court and set him at liberty forthwith. For Petitioner : Mr.P.Senguttuvarasan For Respondents : Mr.G.Karuppasamy Pandiyan Counsel for State of Tamil Nadu (Crl.Side) O R D E R [Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] The petitioner is the wife of the detenu viz., Karnan, son of Thangapandi, aged about 38 years. The detenu has been detained by the second respondent by his order No.21 of 2026, dated 04.03.2026, holding him to be a "Goonda", as contemplated under Section 2(f) of Tamil Nadu Act 14 of 1982. The said order is under challenge in this habeas corpus petition. 2. Learned counsel for the petitioner would submit that though it was averred by the Detaining Authority that the relatives of the detenu are taking steps for bringing the detenu out on bail, the similar case relied upon by the Detaining Authority is not similar to the case of the petitioner. In the ____________ https://www.mhc.tn.gov.in/judis H.C.P.(MD) No.809 of 2026 alleged similar case, the concerned accused was granted statutory bail and that cannot be treated as a similar case to that of the petitioner's case. 3. Learned counsel for State of Tamil Nadu (Criminal Side) appearing for the respondents would submit that since in the similar case, the accused was granted bail, the Detaining Authority has rightly arrived at subjective satisfaction that there is every possibility of the detenue coming out on bail and passed the impugned detention order. 4. Heard the learned counsel for the petitioner and the learned counsel for State of Tamil Nadu (Criminal Side) appearing for the respondents and perused the materials available on record. 5. In the alleged similar case relied upon by the Detaining Authority, the concerned accused has been granted statutory bail after 90 days and the said case cannot be taken as a similar case to that of the petitioner's case. Further, the present case is squarely covered by the judgment of the Hon'ble Supreme Court in Alagu vs The State of Tamil Nadu reported in 2026 SCC OnLine SC 976 : (2026) SCC 976. Therefore, we are inclined to interfere with the impugned order. ____________ https://www.mhc.tn.gov.in/judis H.C.P.(MD) No.809 of 2026 6. In the result, the Habeas Corpus Petition is allowed and the order of detention No.21 of 2026, dated 04.03.2026, passed by the second respondent is set aside. The detenu, viz., Karnan, son of Thangapandi, aged about 38 years, is directed to be released forthwith unless his detention is required in connection with any other case. [A.D.J.C., J.] [B.M., J.] 11.08.2026 NCC : Yes / No Index : Yes / No Internet : Yes / No krk To: 1.The Additional Chief Secretary to Government, Home, Prohibition & Excise Department, Secretariat, Chennai-600 009. 2.The District Collector and District Magistrate, O/o.The District Collector and District Magistrate, Theni District, Theni. 3.The Superintendent, Central Prision, Madurai. ____________ https://www.mhc.tn.gov.in/judis H.C.P.(MD) No.809 of 2026 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ____________ https://www.mhc.tn.gov.in/judis H.C.P.(MD) No.809 of 2026 A.D.JAGADISH CHANDIRA, J. AND B.MURUGESAN, J. krk H.C.P.(MD) No.809 of 2026 11.08.2026 ____________ https://www.mhc.tn.gov.in/judis