HCP No. 370 of 2026 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. 370 of 2026 M.Divya W/o.Mr.Manickam, No.34, 64th Block, Perumbakkam, Ezhil Nagar, Chennai - 600 120. ..Petitioner(s) Vs 1. The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009. 2. The Commissioner of Police, Greater Chennai Police, Office of the Commissioner of Police, (GOONDA Section),Vepery, Chennai - 600 007. 3. The Superintendent, Central Prison, Vellore. 4. The Inspector of Police, Law and order, G-5, Secretariat Colony Police Station, Chennai - 600 010. ..Respondent(s) Prayer: Habeas Corpus Petition is filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus or order or direction in the nature of writ calling for the records pertaining to the order of detention passed by the second respondent in Order No.1074/BBCDEFFISSSV/2025 dated 22.12.2025 set- aside the same, direct to produce the detenue Thiru.Manickam, male, aged 30, S/o.Pachamuthu, and presently detained in Central Prison at Vellore before this Honble Court and set him at liberty forthwith and thus render justice. __________ Page1 of 5 https://www.mhc.tn.gov.in/judis HCP No. 370 of 2026 For Petitioner(s): Mr.C.jayavel For Respondent(s): Mr.M.Mohamed Riyaz ORDER (Order of the Court was made by N.Sathish Kumar J.) The order of detention passed by the second respondent bearing No.1074/BBCDEFGISSSV/2025, dated 22.12.2025 is sought to be quashed in the present Habeas Corpus Petition. 2.Heard the learned counsel for the petitioner and the learned Government Advocate 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 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 one adverse case and the detaining authority while passing the impugned detention order arrived at the subjective satisfaction regarding imminent __________ Page2 of 5 https://www.mhc.tn.gov.in/judis HCP No. 370 of 2026 possibility of coming out on bail by relying on a bail order dated 27.07.2023 in Crl.M.P.No.5272 of 2023, 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.36 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 detenue 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 in No.1074/BBCDEFGISSSV/2025 dated on 22.12.2025 is hereby set aside. The detenu, viz., Manickam, male, aged about 30 years, S/o Pachamuthu, is directed to be set at liberty forthwith unless she 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 MST __________ Page3 of 5 https://www.mhc.tn.gov.in/judis HCP No. 370 of 2026 To 1. The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009. 2. The Commissioner of Police, Greater Chennai Police, Office of the Commissioner of Police, (GOONDA Section),Vepery, Chennai - 600 007. 3. The Superintendent, Central Prison, Vellore. 4. The Inspector of Police, Law and order, G-5, Secretariat Colony Police Station, Chennai - 600 010. 5. The Public prosecutor, Madras High Court. __________ Page4 of 5 https://www.mhc.tn.gov.in/judis HCP No. 370 of 2026 N.SATHISH KUMAR, J. AND K.RAJASEKAR, J. MST HCP No. 370 of 2026 13-08-2026 __________ Page5 of 5 https://www.mhc.tn.gov.in/judis