R.Meharnisha vs State Of Tamil Nadu And Others

Sunder Mohan, J

The wife of detenu - Riyash Agamed, S/o.Shahul Hameed, aged 30 years, has filed this petition challenging the detention order dated 03.09.2025, branding him as a 'Goonda' under Section 2(f) of the Tamil Nadu Preventive Detention Act, 1982 (Act 14/1982).

We have heard learned counsel for petitioner and learned counsel for Government of Tamil Nadu (Criminal Side) for respondents.

Though several grounds have been raised, we are of the view that the detention order is liable to be quashed on the sole ground that the satisfaction of the detaining authority as regards the real possibility of the detenu coming out on bail suffers from non-application of mind.

In the grounds of detention, the detaining authority has stated that the detenu has moved a bail application in Crl.M.P.No.216 of 2025 before the Judicial Magistrate Court, Thiruthuraipoondi and that the same came to be dismissed on 11.08.2025. There is no material before the Detaining Authority as to whether the detenu intended to file a bail application and is likely to be released on bail. In such circumstances, inference of the detaining authority that the detenu is likely to file a bail application and come out on bail is his mere ipse dixit. Since the satisfaction arrived at by the detaining authority is without basis, the conclusion that the detenu would indulge in further criminal activities, is vitiated. For the said reason, the detention order is liable to be quashed.

In light of the aforesaid discussion, this Habeas Corpus Petition is allowed and the Detention Order passed by the second respondent in C.O.C.No.24/2025 dated 03.09.2025, is set aside.

The detenu, viz., Riyash Agamed, S/o.Shahul Hameed, aged 30 years, who is now confined in Central Prison, Tiruchirappalli, is hereby directed to be set at liberty forthwith unless his presence is required in connection with any other case.