H.C.P.(MD) No.706 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.706 of 2026 Dhinakaran ... Petitioner -vs- 1.State of Tamil Nadu rep.by its Principal Secretary to Government State of Tamil Nadu Home, Prohibition and Excise Department Secretariat, Chennai-600 009 2.The District Collector and District Magistrate Office of the District Collector and District Magistrate Ramanathapuram District 3.The Superintendent of Prison Madurai Central Prison Madurai District ... Respondents ____________ https://www.mhc.tn.gov.in/judis H.C.P.(MD) No.706 of 2026 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 in S.R.No.08/2026, dated 11.03.2026, on the file of the second respondent and quash the same and direct the respondents herein to produce the body of the petitioner, namely, Dhinakaran, son of Karuppaiah, aged about 40 years, now confined in Central Prison, Madurai, before this Court and set him at liberty forthwith. For Petitioner : Mr.T.Karthick 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 detenu viz., Dhinakaran, son of Karuppaiah, aged about 40 years,. The detenu has been detained by the second respondent by his order in S.R.No.08/2026, dated 11.03.2026 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 the bail application filed by the detenu in the ground case was dismissed and on the date of passing of the detention order, no bail application was pending and ____________ https://www.mhc.tn.gov.in/judis H.C.P.(MD) No.706 of 2026 there is no material that the detenu is taking steps for filing any bail application. Whereas, without any material, the Detaining Authority arrived at a subjective satisfaction that there is every possibility of the detenu coming out on bail by filing another bail application in the ground case and it is a mere ipse dixit. Hence, he prays for setting aside the impugned detention order. 3. Learned counsel for State of Tamil Nadu (Criminal Side) would submit that since in a similar case, bail was granted to the accused, the Detaining Authority has rightly arrived at a subjective satisfaction that there is every possibility of the detenu herein coming out on bail. 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. The fact remains that the bail application filed by the detenu in the ground case was dismissed and it is seen that on the date of passing of the detention order, no bail application was pending and there is no material that the detenu is taking steps for filing any bail application. However, without ____________ https://www.mhc.tn.gov.in/judis H.C.P.(MD) No.706 of 2026 any material, the Detaining Authority arrived at a subjective satisfaction that there is every possibility of the detenu coming out on bail by filing another bail application in the ground case and it is a mere ipse dixit. Therefore, the subjective satisfaction arrived at by the detaining authority is ipse dixit. 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. 6. In the result, the Habeas Corpus Petition is allowed and the order of detention in S.R.No.08/2026, dated 11.03.2026, passed by the second respondent is set aside. The detenu, viz., Dhinakaran, son of Karuppaiah, aged about 40 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 ____________ https://www.mhc.tn.gov.in/judis H.C.P.(MD) No.706 of 2026 To: 1.The Principal Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai-600 009. 2.The District Collector and District Magistrate, Office of the District Collector and District Magistrate, Ramanathapuram District. 3.The Superintendent of Prison, Madurai Central Prison, Madurai District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ____________ https://www.mhc.tn.gov.in/judis H.C.P.(MD) No.706 of 2026 A.D.JAGADISH CHANDIRA, J. AND B.MURUGESAN, J. krk H.C.P.(MD) No.706 of 2026 11.08.2026 ____________ https://www.mhc.tn.gov.in/judis