Murugan vs State Of Tamil Nadu & Ors.

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

The petitioner is the father of the detenu viz., Selvam, son of Murugan, aged about 28 years. The detenu has been detained by the second respondent by his order in Cr.M.P.No.24/2025, dated 06.11.2025, holding him to be a "Sexual Offender", as contemplated under Section 2(ggg) 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 detenu's name is Selvam, son of Murugan. However, in sub-para (ii) of Paragraph No.5 of the grounds of detention, the Detaining Authority has inferred that there is a real possibility of his (Thiru.Alagarsamy) coming out on bail, since bails are granted in a similar case. He would further submit that when the name of the detenu is Selvam, the inference of the Detaining Authority that there is a real possibility of Alagarsamy coming out on bail exposes non-application of mind on the part of the Detaining Authority, thereby, the impugned detention order is liable to be set aside.

Learned counsel for State of Tamil Nadu (Criminal Side) appearing for the respondents submitted that mentioning a wrong name in the impugned detention order is a typographical error, however, in the preamble portion of the impugned order, the detenu's name has been rightly mentioned as Selvam and therefore, on the said ground, the impugned detention order does not require the interference of this Court.

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.

On perusal of the materials available on record, it is seen that the Detaining Authority has inferred that there is a real possibility of one Alagarsamy coming out on bail, since in the similar case, bail was granted. However, the impugned detention order has been passed against one Selvam and not against Alagarsamy. Therefore, when the name of the detenu is Selvam, the inference of the Detaining Authority that there is a real possibility of Alagarsamy coming out on bail shows non-application of mind on the part of the Detaining Authority and hence, on the ground of non-application of mind, the impugned detention order is liable to be set aside. 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.24/2025, dated 06.11.2025, passed by the second respondent is set aside. The detenu, viz., Selvam, son of Murugan, aged about 28 years, is directed to be released forthwith unless his detention is required in connection with any other case.