2026:MHC:1486 HCP No. 2201 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16-04-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN HCP No. 2201 of 2025 Selvarani W/o.Ayyadurai, No.20, Bharathi Nagar 2nd street, Ramanathapuram, Coimbatore-641045. ..Petitioner(s) Vs 1. State of Tamilnadu, Rep.by its Secretary to Govt., Home, Prohibition and Excise Dept., Fort St.George, Chennai. 2. The Commissioner of Police/Detaining Authority, Coimbatore City. 3. Superintendent of Prison, Central Prison, Coimbatore. 4. Inspector of Police, All Women Police Station (South), Coimbatore City. ..Respondent(s) Prayer: Habeas Corpus Petition filed under Article 226 of Constitution of India for issuance of a WRIT OF HABEAS CORPUS or any other appropriate writ or order in the nature of writ call for records in connection with the order of __________ Page1 of 5 https://www.mhc.tn.gov.in/judis HCP No. 2201 of 2025 detention passed by the 2nd respondent made in his order C.No.101/G/IS/2025 dated on 19.06.2025 against the petitioner’s son A.Ayyadurai, S/o.Arumugasamy aged about 43 years who is confined at central prison, Coimbatore, under Tamilnadu Act 14 of 1982 as GOONDA and to quash the same and direct the respondents to produce the detenue A.Ayyadurai, S/o.Arumugasamy aged about 43 years before this Hon’ble Court and set him at liberty. For Petitioner(s): Mr.G.D.Pon Prabhakaran For Respondent(s): Mr.R.Muniyapparaj Additional Public Prosecutor Assisted By Mr. M. Sylvester John ORDER (Order of the Court was made by Dr.Anita Sumanth J.) We have heard Mr.G.D.Pon Prabhakaran, learned counsel for the petitioner and Mr.R.Muniyapparaj, learned Additional Public Prosecutor assisted by Mr.M.Sylvester John, learned counsel for the respondents. 2. One A.Ayyadurai, S/o.Arumugasamy, has been detained branding him as Sexual Offender under Section 2(ggg) of the Tamil Nadu Act 14 of 1982 (in short ‘Act’) and his wife has approached this Court seeking quash of the order of detention dated 19.06.2025. 3. The main ground argued by the learned counsel for the petitioner is that the detention order is invalid, since the detenu has not made any attempt __________ Page2 of 5 https://www.mhc.tn.gov.in/judis HCP No. 2201 of 2025 whatsoever to be enlarged on bail. In fact, the case cited by the detaining authority in C.M.P.No.34 of 2024 dated 08.01.2024 to support his apprehension that the detenu may be enlarged on bail is not even comparable to the facts and circumstances of the present case. 4. Learned Additional Public Prosecutor would defend the order of detention strongly. 5. Having heard both learned counsel and having perused the order passed in C.M.P.No.34 of 2024 passed by the Principal Special Court for Exclusive Trial of Cases under Pocso Act, Combatore dated 08.01.2024, we find that the bail in that case has been granted since charge sheet was not filed in time, whereas, in the present case, there is not even a bail application that has been filed. Even if it were to be, the order passed on 08.01.2024 would not come to the aid of the detenu as bail has been granted in that case on a different set of circumstances. Since the detaining authority has cited the order passed on 08.01.2024 in C.M.P.No.34 of 2024 in support of his subjective satisfaction, the same is now found to be vitiated and the goes to the root of the matter vitiating the order of detention. 6. In light of the aforesaid discussion, this Habeas Corpus Petition is allowed and the Detention Order passed by the second respondent in C.No.101/G/IS/2025 dated 19.06.2025 is set aside. __________ Page3 of 5 https://www.mhc.tn.gov.in/judis HCP No. 2201 of 2025 7. The detenu, viz., A.Ayyadurai, S/o.Arumugasamy, male aged 43 years, who is now confined in Central Prison, Coimbatore, is directed to be set at liberty forthwith unless his presence is required in connection with any other case. (A.S.M.,J.) (S.M.,J.) 16-04-2026 sl Index: Yes/No Speaking order Neutral Citation: Yes Note to Registry: Issue Today. To 1. State of Tamilnadu, Rep.by its Secretary to Govt., Home, Prohibition and Excise Dept., Fort St.George, Chennai. 2. The Commissioner of Police/Detaining Authority, Coimbatore City. 3. Superintendent of Prison, Central Prison, Coimbatore. 4. Inspector of Police, All Women Police Station (South), Coimbatore City. 5. The Joint Secretary, Law and Order Department, Secretariat, Chennai. 6. The Public Prosecutor, High Court, Madras. __________ Page4 of 5 https://www.mhc.tn.gov.in/judis HCP No. 2201 of 2025 DR.ANITA SUMANTH J. AND SUNDER MOHAN J. sl HCP No. 2201 of 2025 16-04-2026 __________ Page5 of 5 https://www.mhc.tn.gov.in/judis