IN THE HIGH COURT OF JUDICATURE AT MADRAS
ANITA SUMANTH, SUNDER MOHAN, JJ
Velankanni – Appellant
Versus
State of Tamil Nadu – Respondent
| Table of Content |
|---|
| 1. challenges to preventive detention order under goonda act. (Para 1) |
| 2. arguments heard from both sides. (Para 2) |
| 3. unsigned statement invalid for bail likelihood inference. (Para 3 , 4) |
| 4. detention quashed; detenu set at liberty. (Para 5 , 6) |
The wife of the detenu (Vasantharaj) has challenged the detention order dated 07.08.2025 branding him as ‘Goonda’ under Section 2(f) of the Tamil Nadu Preventive Detention Act, 1982 (Act 14 of 1982).
2. Heard learned counsel for petitioner and learned Additional Public Prosecutor.
3. The detention order is liable to be quashed on the sole ground that the detaining authority’s satisfaction that the detenu is likely to be released on bail is based on the unsigned statement of the relative of the detenu, who is said to have stated that he is taking steps to file a bail application on behalf of the detenu. We have in HCP No. 1684 of 2025 , held that, the unsigned statement cannot be relied upon to infer that the detenu is likely to file bail application.
4. Since the satisfaction arrived at in this regard is without basis, we are of the view that the detention order passed on the premise that the bail application would be filed on
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