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Judgment
The petitioner is the mother of the detenu viz., Surya @ Ajay Surya son of Vellaiyathevar @ Velliyathevar, aged about 24 years. The detenu has been detained by the second respondent by his order in Detention Order No.17/2026 (Roc.No.4228407/2026/C2) dated 11.02.2026, holding him to be a "Cyber Law Offender", as contemplated under Section 2(bb) of Tamil Nadu Act 14 of 1982. The said order is under challenge in this Habeas Corpus Petition.
The learned counsel for the petitioner would submit that the similar case relied on by the detaining authority to infer that there is a likelihood of the detenu coming out on bail, is not similar since in the similar case, the petitioner therein was granted statutory bail, whereas in the present case, the bail application of the detenu has been dismissed. Hence, he prays for setting aside the impugned detention order.
Heard the learned counsel appearing for the petitioner and the learned counsel for State of Tamilnadu (Crl.Side) appearing for the respondents and perused the materials available on record.
When the bail application of the detenu has been dismissed, the detaining authority, relying upon some other case where statutory bail was granted, inferred that there is a likelihood of the detenu coming out on bail. Therefore, the subjective satisfaction arrived at by the detaining authority is ipse dixit. Further, the similar case relied on also does not pertain to a co-accused and it pertains to a different crime number registered in the year 2022. Further, the present case is squarely covered by the judgment of the Hon'ble Supreme Court in Alagu vs The State of Tamil Nadu reported in 2026 SCC OnLine SC 976 : (2026) SCC 976. Therefore, we are inclined to interfere with the impugned order.
In the result, the Habeas Corpus Petition is allowed and the order of detention in Detention Order No.17/2026 (Roc.No. 4228407/2026/C2) dated 11.02.2026, passed by the second respondent is set aside. The detenu namely, Surya @ Ajay Surya son of Vellaiyathevar @ Velliyathevar, aged about 24 years, is directed to be released forthwith, unless his detention is required in connection with any other case.