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2026 Supreme(Online)(Mad) 32597

IN THE HIGH COURT OF JUDICATURE AT MADRAS
ANITA SUMANTH, SUNDER MOHAN, JJ
K.Sandhya – Appellant
Versus
The Additional Chief Secretary to Government, Home, Prohibition & Excise Department – Respondent


Advocates:
For the Appellants/Petitioners: Mr.V.Vignesh
For the Respondents: Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.M.Sylvester John

Table of Content
1. challenges to preventive detention order heard. (Para 1 , 2)
2. flawed bail inference vitiates detention. (Para 3 , 4)
3. detention set aside; detenu set at liberty. (Para 5 , 6)

In this Habeas Corpus Petition, the wife of Krishnamoorthy S/o Ramu, who has been detained under order dated 11.08.2025 and kept in custody of Central Prison, Puzhal, Chennai has challenged the order of detention.

2.We have heard the learned counsel for the petitioner and the learned Additional Public Prosecutor.

3.One of the grounds on the basis of which the order of detention has been passed is that there is a possibility of the detenu being enlarged on bail. Such a subjective satisfaction is arrived at by the authority based on an order passed in Crl.M.P.No.26094 of 2024 by the Court of Sessions, Chennai on 19.09.2024. However, as pointed out by the learned counsel for the petitioner, there is a difference in the two orders, in that, the accused in that case only one previous case whereas in the present, the accused has two previous cases, thus limiting his chances for bail.

4.Hence, we are of the considered view that the detaining authority is not right in comparing the two cases as the

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