Court found non-application of mind by Detaining Authority due to reliance on dissimilar bail case, leading to the granting of habeas corpus relief.

(Order of the Court was made by N. ANAND VENKATESH,J.)

The petitioner is the wife of the detenu viz., Prasath @ Sethu Prasath, S/o. Andirajan, aged 31 years. The detenu has been detained by the second respondent by his order in Detention Order No.50/BBCDEFGISSSV/2025 dated 06.10.2025 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. We have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. We have also perused the records produced by the Detaining Authority.

3. Among the other grounds that were raised by the learned counsel appearing for the petitioner, one of the main ground that was raised by the learned counsel appearing for the petitioner is that, the Detaining Authority was aware of the fact that no bail petition was filed as on the date of the passing of the detention order and the Detaining Authority had taken into consideration the order passed in Crl.M.P.No.5270 of 2022 dated 28.09.2022 and came to a conclusion that it is a similar case where bail was granted and therefore, there is likelihood of the detenu being granted bail in this case also. It is submitted that the order that was relied upon is not a similar case and therefore, there is clear non-application of mind.

4. We have carefully gone through the order passed in Crl.M.P.No.

5270 of 2022. That was a case where the accused therein did not have any antecedents and was in judicial custody for nearly 81 days and it was also reported to the Court that the investigation had been completed.

Considering the same, the bail was granted. However, in the case in hand, there was one adverse case and no bail petition had been filed by the detenu and the investigation was pending. Therefore, the order passed in Crl.M.P.No.5270 of 2022 cannot certainly be taken to be a similar case and it is a clear non-application of mind.

5. In the result, the Habeas Corpus Petition is allowed and the order passed by the second respondent in Detention Order No. 50/BBCDEFGISSSV/2025 dated 06.10.2025 is set aside. The detenu, viz., Prasath @ Sethu Prasath, S/o. Andirajan, aged 31 years, is directed to be released forthwith unless his detention is required in connection with any other case.