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2026 Supreme(Online)(Mad) 25465

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Anita Sumanth, Sunder Mohan, JJ
Babu – Appellant
Versus
The Additional Chief Secretary to Government – Respondent


Advocates:
For Petitioner: Ms.N.Dimple Sharma for Mr.A.Nirmal Kumar Sharma
For Respondents: Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.M.Sylvester John

Table of Content
1. challenges detention order labelling detenu as sexual offender. (Para 1)
2. hearing arguments; grounds include non-application of mind on bail. (Para 2)

The brother of detenu has filed this petition seeking to quash detention order dated 02.08.2025, who has been labelled as “Sexual Offender” under section 2(ggg) of the Tamil Nadu Preventive Detention Act, 1982 (Tamil Nadu Act 14 of 1982) (in short ‘Act’).

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor.

3. Though several grounds have been raised by the learned counsel for petitioner, we are of the view that the impugned order is liable to be set aside on the sole ground that the subjective satisfaction of the detaining authority as regard the possibility of the detenu coming out on bail suffers from non-application of mind.

4. The detenu was arrested in connection with Cr.No.25 of 2025 for the offences under Sections 7 and 8, 11(i), 11(iv) r/w 12 of the POCSO Act, 2012 . Admittedly, he had not filed any bail application. The detaining authority’s conclusion that the detenu is likely to file bail application is based on the special report of the sponsoring authority which

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