PRAYER :-Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus to call for the entire records connected with the detention order of the Respondent No.2 in No.43/BBCDEFGISSSV/2025 dated 17.09.2025 and quash the same and direct the respondents to produce the body or person of the detenu by name Palanivel Rajan @ PTR Vinoth, son of Nagendiran, aged about 35 years, now detained as Goonda at Madurai Central Prison before this court and set him at liberty forthwith.

O R D E R

[Order of the Court was made by A.D.JAGADISH CHANDIRA, J.]

This Court while disposing HCP(MD)No.1383 of 2024, coming across several instances where the police have taken recourse to clamping the detention orders by failing to proceed with investigation and file charge sheet in time to take the prosecution to the logical end so as to ensure that the accused are made to face trial, has issued the following directions:

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16. Ergo, it is directed that the Director General of Police shall form a Committee of appropriate strength in each district, headed by an officer not below the rank of Deputy Superintendent of Police, to ensure that in the cases of habitual offenders involved in heinous offences pan State, charge sheets are filed in time so that the habitual offenders are not released on statutory bail, thereby preventing them from committing offences again and again. The Committees to be constituted so, shall also ensure that the police file applications seeking cancellation of bail citing the previous case(s) of heinous offences by the accused. By doing so, circumventing the ordinary criminal law route and consequential invocation of the provisions of Tamil Nadu Act 14 of 1982 , can be avoided. To be noted, resorting to extraordinary measure of law of preventive detention very often is not appropriate, as has been held in the catena of authoritative pronouncements adverted to above.

17. For carrying out the latter exercise alluded to in the preceding paragraph, it is imperative that the police maintain previous criminal history of the accused, including the provisions of law involved, the place where the offences were committed and whether bail was applied for and granted or rejected and these particulars should be furnished by the Investigating Officer to the Public Prosecutor while responding to bail applications.

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Subsequently this Court while disposing the present HCP(MD)No. 1319 of 2025 by order dated 10.03.2026, had directed to follow the earlier directions issued by this court in HCP(MD)No.1383 of 2024 dated 28.11.2024 and directed the Director General of Police to file a status report before this Court and this Court had also depending on the status report, issued further directions to ensure that a proper process is evolved in dealing with the persons committing offences by misusing their liberty by resorting to cancellation of bail rather than passing orders of detention under Act 14 of 1982 and had posted the matter to 30.06.2026. Based on the status report filed by the Director General of Police, this Court had directed the Principal District Judges of the concerned District Courts to follow up on the pending cancellation of bail petitions before the various Courts within their jurisdiction and ensure disposal of those petitions in accordance with law within a period of four weeks from the date fixed for hearing the cancellation of bail petitions by the concerned Courts. This Court had also directed the concerned District Judges to file a report and posted the matter to 15.07.2026. When the matter was listed on 16.07.2026, this Court has passed the following order:

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This Court by order dated 03.06.2026, taking into consideration the additional status report filed by the Assistant Inspector General of Police, Chennai, had directed the Principal District Judges of the concerned Courts to follow up on the cancellation of bail petitions pending before the various Courts within their jurisdiction and