Detention order quashed for non-application of mind in relying on dissimilar bail order.

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

The petitioner is the wife of the detenu, viz., Arulkumar, S/o. George, male, aged about 25 years. The detenu has been detained by the second respondent by his order in P.D.No.41/2025, dated 17.07.2025, holding him to be a “Goonda” as contemplated under Section 2(f) of the 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. Though several grounds have been raised in the Habeas Corpus Petition, one of the grounds urged by the learned counsel for the petitioner is that the Detaining Authority was aware of the fact that no bail petition had been filed by the detenu and inspite of the same, the Detaining Authority relied upon the order passed in Crl.M.P.No.1630 of 2022, dated 01.04.2022 and came to the conclusion that, in a similar case, bail had been granted and therefore, there was a likelihood of the detenu coming out on bail. The learned counsel submitted that the order relied upon by the Detaining Authority is not a similar case and therefore, the detention order suffers from non-application of mind.

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

1630 of 2022, dated 01.04.2022. That was a case where there were no previous cases against the accused and the Court had also taken into consideration the fact that the entire investigation had been completed and that the co-accused had been granted bail. In the case on hand, there are two adverse cases against the detenu and the investigation was pending. Therefore, the order relied upon by the Detaining Authority in Crl.M.P. No. 1630 of 2022, dated 01.04.2022 is certainly not a similar case. Hence, the detention order passed by the second respondent, dated 17.07.2025 suffers from non-application of mind.

5. In the result, the Habeas Corpus Petition is allowed and the order of detention in P.D.No.41/2025, dated 17.07.2025, passed by the second respondent is set aside. The detenu, viz., Arulkumar, S/o. George, aged about 25 years, is directed to be released forthwith, unless his detention is required in connection with any other case.