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Judgment
(Order of the Court was made by N.Sathish Kumar J.)
The order of detention passed by the second respondent in C.O.C.No.09/2026 dated 22.04.2026 is sought to be quashed in the present Habeas Corpus Petition.
We have heard the learned counsel for the petitioner and learned Government Advocate appearing for respondents. We have also perused the records submitted by the detaining authority.
Though several grounds have been raised by the petitioner in the habeas corpus petition assailing the detention order, in the hearing, learned counsel for the petitioner confined his argument only with regard to non-application of mind on the part of the detaining authority in arriving at the subjective satisfaction regarding imminent possibility of detenu being enlarged on bail while passing the impugned order of detention.
Learned counsel for the petitioner submitted that the detaining authority arrived at the subjective satisfaction of detenu being released on bail, based on the bail granted by the learned District and Sessions Judge, Nagapattinam to one Appasamy in Crl.M.P.No.135 of 2025 dated 05.02.2025, but the facts of the said case is totally different.
The learned counsel drew the attention of this Court to Page No.47 of Part II of the booklet wherein vide order 05.02.2025 bail was granted to one Appasamy in Crl.M.P.No.135 of 2025. A careful perusal of the said order, brings to light that the facts of the said case is totally different as that of the instant case. In the similar case, there is no previous case for the accused therein, whereas in the instant case, the accused has more previous cases. Therefore, taking the said bail order as the basis for arriving at subjective satisfaction regarding the imminent possibility of detenu being enlarged on bail is clearly vitiated. Therefore, the impugned preventive detention order deserves to be dislodged.
In the result, the detention order passed by the 2nd respondent C.O.C.No.09/ 2026 dated 22.04.2026 is hereby set aside and the Habeas Corpus Petition is allowed. The detenu viz., Kushpoo Anbu @ Anbuselvan, S/o.Selvam, aged about 43 years, is directed to be set at liberty forthwith unless he is required in connection with any other case.