Prayer: Habeous Corpus Petition is filed under Section 226 of the Constitution of India to issue a Writ of Habeas Corpus or any other appropriate writ, order or direction, in the nature of a Writ of Habeas Corpus to call for the entire records, relating to the petitioner’s father detention under Tamilnadu Act 14 of 1982 vide detention order, dated 23.10.2025 on the file of the second respondent herein made in proceedings in SC.No.37/2025 and quash the same as illegal and consequently direct the respondents herein to produce the petitioner’s father namely SAMGANESH, S/o.Chelliah, aged 61 years before this Court and set himbat liberty from detention, now the petitioner’s father detained at Central Prison, Salem.

For Petitioner(s): MR.P.PARTHIBAN

For Respondent(s): MR.M.MOHAMED RIYAZ GOVERNMENT ADVOCATE (CRIMINAL SIDE)

ORDER

(Order of the Court was made by N.Sathish Kumar J.)

The petitioner, who is the son of the detenu, namely Samganesh, S/o Chelliah, male, aged about 61 years, has come forward with this petition challenging the impugned detention order passed by the second respondent.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) appearing for the respondents.

3.Though several grounds have been raised by the petitioner in the habeas corpus petition assailing the detention order, in the hearing, learned counsel for the petitioner confined his argument only with regard to non- application of mind on the part of the detaining authority in arriving at the subjective satisfaction regarding imminent possibility of detenu being enlarged on bail while passing the impugned order of detention.

4.The learned counsel for the petitioner submitted that the detenu was arrested and remanded to judicial custody in connection with the ground case and the detaining authority, while passing the impugned detention order, arrived at the subjective satisfaction regarding imminent possibility of coming out on bail by relying on a bail order dated 09.05.2016 in Crl.M.P.No.250 of 2016 wherein bail was granted by the Fast Track Mahila Court, Dharmapuri to one Ramesh.

5. In this regard, the learned counsel drew the attention this Court to said order in Crl.M.P.No.250 of 2021, which is enclosed at Page No.102 of the booklet. A careful perusal of the said order, brings to light that the said case is totally different as that of the instant case. Therefore, taking the said bail order as a basis for arriving at subjective satisfaction regarding the imminent possibility of detenu being enlarged on bail is clearly vitiated. Therefore, the impugned preventive detention order deserves to be dislodged.

6. In the result, this Habeas Corpus Petition is allowed and the detention order passed by the second respondent dated 23.10.2025 in S.C.No.37 of 2025 is hereby set aside. The detenu viz., Samganesh, S/o Chelliah, , male, aged about 61 years, is directed to be set at liberty forthwith unless he is required in connection with any other case.