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Judgment
Sunder Mohan, J
The mother of the detenu - Tamilmani @ Barotta Mani, who has been branded as Drug Offender under Section 2(e) passed under the provision of Tamil Nadu Preventive Detention Act, 1982, has challenged his detention order dated 22.8.2025.
The learned counsel for the petitioner submitted that the detenu has not filed any bail application; that the detaining authority has relied on an order passed in Crl.MP No.1414 of 2021 dated 4.6.2021 to conclude that the detenu is likely to be released on bail as and when he files a bail application; that the facts in that case are not similar to the facts in the ground case; and hence the impugned order is liable to be set aside for non-application of mind.
Heard the learned Additional Public Prosecutor.
We find on a perusal of the order passed in Crl.MP No.1414 of 2021 which has been relied upon by the detaining authority, that the facts in that case are not similar to the facts in the instant case. In the present case, the detenu is involved in another case whereas the accused in Crl.M.P.No.1414 of 2021 had no previous cases. Therefore, the subjective satisfaction recorded by the detaining authority that the detenu is likely to be released on bail suffers from non-application of mind.
In light of the aforesaid discussion, this Habeas Corpus Petition is allowed and the Detention Order passed by the second respondent in No.590/BBCDEFGISSSV/2025, dated 22.08.2025 is hereby set aside.
The detenu, viz., Tamilmani @ Barotta Mani, S/o. Sengottaiyan, male, aged 25 years, who is now confined in Central Prison, Puzhal, Chennai, is hereby directed to be set at liberty forthwith unless his presence is required in connection with any other case.