Malarkodi vs State Of Tamil Nadu & Ors.

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

The petitioner is the mother of the detenu viz., Kamalhasan, son of Annadurai, aged about 31 years. The detenu has been detained by the second respondent by his order in Cr.M.P.No.01/2026, dated 21.01.2026, holding him to be a "Goonda", as contemplated under Section 2(f) of Tamil Nadu Act 14 of 1982. The said order is under challenge in this habeas corpus petition.

Learned counsel for the petitioner would submit that the bail application filed by the detenu in the ground case was dismissed on 09.01.2026, within a period of twenty days. But, the Detaining Authority had inferred that they have received a secret information that the detenu is taking steps to file bail application again. Further, he would submit that the Detaining Authority has also relied on a similar case in Crl.M.P.No.1212 of 2024, wherein bail was granted on 08.07.2024, to infer that the detenu is likely to come out on bail. However, the bail granted in Crl.M.P.No.1212 of 2024 is a statutory bail and thereby, it is not a similar case to the case of the detenu herein. Therefore, the subjective satisfaction recorded by the authority without disclosing the facts of the other case and without any supporting material, is a mere ipse dixit. Hence, he prays for setting aside the impugned detention order.

Heard the learned counsel for the petitioner and the learned counsel for State of Tamil Nadu (Criminal Side) appearing for the respondents and perused the materials available on record.

When the bail application filed by the petitioner was dismissed on 09.01.2026 within a period of twenty days, the inference of the Detaining Authority that the detenu is taking steps to file bail application again is without any material and the bail granted stated to have been granted in a similar case is a statutory bail, thereby, the said case cannot be cited as a similar case. Therefore, the subjective satisfaction arrived at by the detaining authority is ipse dixit. 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. However, it is made clear that the Trial Court shall not be influenced by this order of quashing the impugned detention order while considering the bail application, if any filed by the detenue, and the same shall be decided on its own merits and in accordance with law.

In the result, the Habeas Corpus Petition is allowed and the order of detention in Cr.M.P.No.01/2026, dated 21.01.2026, passed by the second respondent is set aside. The detenu, viz., Kamalhasan, son of Annadurai, aged about 31 years, is directed to be released forthwith unless his detention is required in connection with any other case.