Madasamy vs The State of Tamilnadu

Court
Madras High Court

HCP(MD) No. 1263 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 29-10-2026
CORAM
THE HON'BLE MR. JUSTICE M. NIRMAL KUMAR
AND
THE HON'BLE MR.JUSTICE N.GUNASEKARAN
HCP(MD) No. 1263 of 2026
CNR:{HCMD011220042026}
Madasamy
74, North Street,
Vadakupannamparai,
Sattankulam Taluk,
Thoothukudi District.
..Petitioner(s)
Vs
1. The State of Tamilnadu
Rep by,
The Additional Chief Secretary to Govt,
Home, Prohibition and Excise Dept,
Fort St.George,
Chennai - 9.
2. The District Collector and District Magistrate
Thoothukudi District.
3. The Superintendent of Police
Superintendent of Police Office,
Thoothukudi District.
4. The Superintendent of Prison
Central Prison Coimbatore,
Coimbatore District.
..Respondent(s)
PRAYER: This Petition filed under section Goondas Act H2-GO.To
call for the entire records connected with the detention order of the
respondent No.2 in Detention order H.S.(M).Confdl No.66/2026 dated
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HCP(MD) No. 1263 of 2026
12.06.2026 and quash the same and to direct the respondents to produce
the body or person of the detenu by name Surya S/o. Madasamy aged
about 25/2026 years, now confining as ‘Goonda’ at Coimbatore, Central
Prison before this Court and set him at liberty forthwith.
For Petitioner(s) :M/s S.Kasirajan
For Respondent(s) :Mr.G.Karuppasamy Pandiyan
Additional Public Prosecutor
ORDER
(Order of the Court was made by M. NIRMAL KUMAR J.)
Surya S/o.
The petitioner is the father of the detenu viz.,
Madasamy aged about 25/2026 years . The detenu has been detained by
the second respondent by his order in in Detention order H.S.
(M).Confdl No.66/2026 dated 12.06.2026
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.
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.
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
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HCP(MD) No. 1263 of 2026
impugned detention order. In this case, the detenu was arrested on
14.05.2026, and the impugned detention order came to be passed
only on 12.06.2026, i.e., after a lapse of 28 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.
Though it has been stated by the respondents that
5.
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
the same Police Station. The detenu was arrested in the ground case
as early as on 14.05.2026 and the detention order was passed on
12.06.2026. This shows an inordinate delay in passing the detention
order, which is also unexplained. The live and proximate link between
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HCP(MD) No. 1263 of 2026
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
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
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HCP(MD) No. 1263 of 2026
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.
8. In the result, the Habeas Corpus Petition is allowed
and the order of detention in Detention order H.S.(M).Confdl
No.66/2026 dated 12.06.2026 , passed by the second respondent is set
Surya S/o. Madasamy aged about 25/2026 year
aside. The detenu, viz., ,
is directed to be released forthwith unless his detention is required in
connection with any other case.
(M.N.K.,J.) (N.G.N.,J.)
29-10-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
CM
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HCP(MD) No. 1263 of 2026
To
1. Rep by
The Additional Chief Secretary to Govt
Home, Prohibition and Excise Dept
Fort St.George
Chennai - 9
2. The District Collector and District Magistrate
Thoothukudi District
3. The Superintendent of Police
Superintendent of Police Office
Thoothukudi District
4. The Superintendent of Prison
Central Prison Coimbatore
Coimbatore District
5. The Additional Public Prosecutor
Madurai Bench of Madras High Court
Madurai
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HCP(MD) No. 1263 of 2026
M.NIRMAL KUMAR, J.
AND
N.GUNASEKARAN, J.
CM
HCP(MD) No. 1263 of 2026
29-10-2026
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