Sarasu vs The State of Tamilnadu

Court
Madras High Court

HCP(MD) No. 857 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 26-10-2026
CORAM
THE HON'BLE MR. JUSTICE M. NIRMAL KUMAR
AND
THE HON'BLE MRS.JUSTICE THIRUMAGAL
CHANDRASEKAR
HCP(MD) No. 857 of 2026
CNR:{HCMD010878582026}
Sarasu
M/o.Elango,
No.60, Kalaingar Nagar,
Velayuthampalayam Kuppam,
Karur District
..Petitioner(s)
Vs
1. The State of Tamilnadu
Rep by,
The Additional Chief Secretary to Government,
Home, Prohibition and Excise Dept,
Secretariat,
Chennai - 9.
2. The District Magistrate and District Collector
Karur District.
3. The Superintendent
Central Prison,
Tiruchirappalli.
4. The Sub Inspector of Police
AWPS Police Station,
Karur District.
Cr.No.332 of 2025.
..Respondent(s)
PRAYER: This Petition filed under section Sexual Offender H2-
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HCP(MD) No. 857 of 2026
SXO.To call for the entire records connected with the detention order of
the Respondent No.2 in Cr.M.P.No.06/2026 dated 02.02.2026 and quash
the same and direct the respondents to produce the body or person of the
detenu by name Petitioner's son Elango s/o Sundaram @
Sundarapandiyan aged about 30 years now detained as Sexual Offender
at Tiruchirappalli Central Prison before this Court and set him at liberty
forthwith.
For Petitioner(s) : M/s.Sudhanthiran.S
For Respondent(s) : Mr.G.Karuppasamy Pandiyan
Additional Public Prosecutor
ORDER
(Order of the Court was made by M. NIRMAL KUMAR J.)
The petitioner is the mother of the detenu viz., Elango s/o
Sundaram @ Sundarapandiyan aged about 30 years . The detenu has
been detained by the second respondent by his order in
C r.M.P.No.06/2026 dated 02.02.2026 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.
2. We have heard the learned counsel appearing for the
petitioner and the learned Additional Public Prosecutor appearing for
the respondents. We have also perused the records produced by the
Detaining Authority.
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HCP(MD) No. 857 of 2026
3. Though several grounds have been raised in the
habeas corpus petition, learned counsel appearing for the petitioner
would mainly focus his arguments on the ground that there is an
inordinate delay between the arrest of the detenu and passing the
impugned detention order. In this case, the detenu was arrested on
07.01.2026, and the impugned detention order came to be passed
only on 02.02.2026, i.e., after a lapse of 26 days. This inordinate delay
in passing the detention order would vitiate the same. He further
submitted that there is no live and proximate link between the date of
arrest and the date of the detention order. Hence, on this ground, the
present impugned detention order is also liable to be set aside.
4. Learned Additional Public Prosecutor appearing for the
respondents strongly opposed the habeas corpus petition by filing his
counter. He would submit that though there was a delay in passing
the impugned detention order, on that score alone, it cannot be
quashed. According to the learned Additional Public Prosecutor, no
prejudice has been caused to the detenu and therefore prays for
dismissal of the habeas corpus petition.
5. Though it has been stated by the respondents that
collection of details has caused the delay in passing the impugned
detention order, a perusal of the grounds of the detention order
passed by the detaining authority shows that the adverse cases are of
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HCP(MD) No. 857 of 2026
the same Police Station. The detenu was arrested in the ground case
as early as on 07.01.2026 and the detention order was passed on
02.02.2026. This shows an inordinate delay in passing the detention
order, which is also unexplained. The live and proximate link between
the arrest of the detenu and the need for passing the order of
detention has snapped. Thus, on this sole ground alone, the
impugned order of detention is liable to be set aside.
6. In the case of Sushanta Kumar Banik vs. State of
Tripura, reported in 2022 SCC Online (SC) 1333 , when there was an
inordinate delay from the date of proposal till passing of the detention
order and likewise, between the date of actual arrest and the date of
detention order, the Honourable Supreme Court has held that the live
and proximate link, between the grounds and the purpose of
detention, stands snapped throwing a considerable doubt on the
genuineness of the requisite satisfaction of the detaining authority in
passing the detention order unless such delay is satisfactorily
explained and consequently making it invalid. The relevant portion is
extracted hereunder:-
"20. It is manifestly clear from a
conspectus of the above decisions of this Court,
that the underlying principle is that if there is
unreasonable delay between the date of the
order of detention & actual arrest of the detenu
and in the same manner from the date of the
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HCP(MD) No. 857 of 2026
proposal and passing of the order of detention,
such delay unless satisfactorily explained
throws a considerable doubt on the genuineness
of the requisite subjective satisfaction of the
detaining authority in passing the detention
order and consequently render the detention
order bad and invalid because the “live and
proximate link” between the grounds of
detention and the purpose of detention is
snapped in arresting the detenu. A question
whether the delay is unreasonable and stands
unexplained depends on the facts and
circumstances of each case."
7. In view of the above, as pointed out by the counsel for
the petitioner, the delay has not been satisfactorily explained, thereby
vitiating and invalidating the detention order.
In the result, the Habeas Corpus Petition is allowed
8.
r.M.P.No.06/2026 dated 02.02.2026
and the order of detention in C ,
passed by the second respondent is set aside. The detenu, viz., Elango
aged about 30 years s/o Sundaram @ Sundarapandiyan , is directed to be
released forthwith unless his detention is required in connection with
any other case.
(M.N.K.,J.) (T.M.C.,J.)
26-10-2026
Index: Yes/No
Speaking/Non-speaking order
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HCP(MD) No. 857 of 2026
Neutral Citation: Yes/No
CM
To
1. Rep by
The Additional Chief Secretary to Government
Home, Prohibition and Excise Dept
Secretariat
Chennai - 9
2. The District Magistrate and District Collector
Karur District
3. The Superintendent
Central Prison
Tiruchirappalli
4. The Sub Inspector of Police
AWPS Police Station
Karur District
Cr.No.332 of 2025
5. The Additional Public Prosecutor
Madurai Bench of Madras High Court
Madurai
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HCP(MD) No. 857 of 2026
M.NIRMAL KUMAR, J.
AND
THIRUMAGAL CHANDRASEKAR, J.
CM
HCP(MD) No. 857 of 2026
26-10-2026
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