IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 15.12.2025

Coram:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN

and

THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN

H.C.P.No.2202 of 2025

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Mrs.P.Karpagam,

Wife of Mr.Prabakaran .. Petitioner

Vs.

1. The Secretary to the Government,

Government of Tamil Nadu,

(Home) Prohibition and Excise Department,

Fort St.George, Chennai-9.

2. The Commissioner of Police,

Greater Chennai,

Office of the Commissioner of Police (Goondas Section),

Vepery, Chennai-600 007.

3. The Superintendent of Police, Central Prison, Puzhal, Chennai.

4. The Inspector of Police,

W-20, All Woman Police Station,

Saidapet, Chennai. .. Respondents

Habeas Corpus Petition filed under Article 226 of the Constitution of India, praying for

issuance of a Writ of Habeas Corpus to call for the records in detention order BCDFGISSSV No.465/2025, dated 11.07.2025 on the file of the second respondent and quash the same and direct the respondents herein to produce the body of the petitioner's husband Prabakaran, son of Mr.Anandan, aged about 37 years, the detenu now confined in Central

Prison, Puzhal, Chennai, before this Court and set him at liberty.

For petitioner : Mr.S.Mageshkumar For respondents: Mr.R.Muniyapparaj, Addl.P.P. assisted by Mr.M.Sylvester John ORDER (The Order of the Court was made by P.Velmurugan,J)

Challenging the detention order dated 11.07.2025 passed by the detaining authority, namely the Commissioner of Police, Greater Chennai, learned counsel for the petitioner relied on paragraph 3 of the impugned detention order in English version, which reads as follows:

"3. I am aware that Thiru.Prabakaran is in remand in W-20 Saidapet All Women Police Station Crime No.15/2025 and he has moved a bail application for W-20 Saidapet All Women Police Station Crime No.15/2025 before the Special Court Exclusive Trial of Cases under Protection of Children from Sexual Offences Act, Chennai, in Crl.M.P.No.957/2025 and the same was dismissed. However, the sponsoring authority has stated that it is came to understand that the relatives of Thiru.Prabakaran are taking action to take him out on bail by filing another bail application for W-20 Saidapet All Women Police Station Crime No.15/2025 before the appropriate court. Hence, I infer that there is an imminent possibility of his coming out on bail in W-20 Saidapet All Women Police Station Crime No.15/2025 by filing another bail application before the appropriate court. If he comes out on bail, he will further indulge in such activities, which will be prejudicial to the maintenance of public order. Further the recourse to normal criminal law would not have the desired effect of effectively preventing him from indulging in such activities, which are prejudicial to the maintenance of public order. Based on the materials placed before me, I am fully satisfied that the said Thiru.Prabakaran is also a Sexual Offender and that there is a compelling necessity to detain him in order to prevent him from indulging in such further activities in future which are prejudicial to the maintenance of public order under the provisions of the Tamil Nadu Act 14 of 1982."

2. However, the learned counsel for the petitioner submitted that the detenu was already released on bail, it is not correct on the part of the detaining authority in observing in paragraph 3 of the impugned order that the bail application was dismissed. Hence, there is non-application of mind on the part of the detaining authority while passing the impugned order.

3. Hence, the impugned detention order is quashed. This Habeas Corpus Petition is allowed. The detenu Prabhakaran, son of Mr.Anandan, is directed to be set at liberty forthwith, unless he is required in connection with any other case.

(P.V., J) (M.J.R., J)

15.12.2025 cs To

1. The Secretary to the Government, Government of Tamil Nadu, (Home) Prohibition and Excise Department, Fort St.George, Chennai-9.

2. The Commissioner of Police, Greater Chennai, Office of the Commissioner of Police (Goondas Section), Vepery, Chennai-