HCP(MD) No. 1359 of 2026

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 23-10-2026

CORAM

THE HON'BLE MR JUSTICE G.R.SWAMINATHAN

AND

THE HON'BLE DR.JUSTICE P.MURUGAN

HCP(MD) No. 1359 of 2026

CNR:{HCMD011529502026}

Innisai W/o.Sugumaran,

D No.29, Victoria Avenue,

Victoria Nagar, Nanjikotai Road,

Thanjavur.

..Petitioner(s)

Vs.

1.The State of Tamilnadu

Rep. by the Principal Secretary to

Government, Home Department, Fort St

George, Chennai.

2.The State of Tamil Nadu

Rep. by the Director General of Police,

Dr.Radhakrishnan Salai,

Mylapore, Chennai 600 004.

3.The State of Tamilnadu,

Rep. by the Inspector of Police,

Central Zone, TVS Toll Gate Road,

Kallukuzhi, Trichy 620020.

4.The State of Tamilnadu

Rep. by the Superintendent of Police,

CBCID, Regional Branch, Chennai.

5.The State of Tamil Nadu

Rep. by the Deputy Superintendent of Police,

CBCID Police Station, Thanjavur District.

(Re-numbered Crime No.2/2026.) https://www.mhc.tn.gov.in/judis

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6.The State of Tamilnadu

Rep. by the Inspector of Police,

TMCH Police Station, Thanjavur District.

(Crime No.417 of 2026)

..Respondent(s)

Prayer : Habeas Corpus petition filed under Article 226 of the Constitution of

India, to issue a Writ of Habeas Corpus, directing the respondents to produce

the person or body of the detenue, namely Sugumaran, aged about 46 years

S/o.Govindarajan, before this Court and set him at liberty forthwith by

declaring his arrest and detention to be illegal, unconstitutional and without

jurisdiction.

For Petitioner(s): Mr.Sricharan Rangarajan,

Senior Counsel,

for Mr.I.Irulappan

Mr.Prabhakaran

For Respondent(s): Mr.C.Christopher,

Additional Public Prosecutor

Mr.K.Sivabalan,

for Intervenor.

ORDER

Heard the learned Senior counsel appearing for the writ petitioner and

the learned Additional Public Prosecutor appearing for the respondents and

the learned counsel appearing for the intervenor.

2. The writ petitioner is the wife of one Sugumaran who is holding the

post of Inspector of Police, District Crime Branch, Thanjavur. He registered

Crime No.471 of 2026 on 24.07.2026 on the basis of the complaint lodged by https://www.mhc.tn.gov.in/judis

HCP(MD) No. 1359 of 2026

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one Thirumaran. It appears that the said complaint itself is a fall out of a

partnership dispute. Saravanan and Jeyasri Ramasamy, partners of a hospital

known as “A to Z Speciality Hospital, Thanjavur” were at loggerheads. The

case of Saravanan is that Jeyasri Ramasamy set up Thirumaran to foist a

false case against him under the Scheduled Castes and the Scheduled Tribes

(Prevention of Atrocities) Act, 1989. He also alleged that the case was not

being properly investigated. The Director General of Police, thereupon,

issued instructions on 15.08.2026 to transfer the case to CB-CID, Thanjavur

which re-registered  the case as Crime No.0002 of 2026 on 10.09.2026.

3. In the meanwhile, the parties, namely Jeyasri and Saravanan buried

the hatchet. An unregistered Memorandum of Understanding was entered into

on 21.08.2026. This was followed by a registered sale agreement dated

27.08.2026 (Document No.5552 of 2026). As per the agreement,  Saravanan

was to pay a sum of Rs.24 Crores to Jeyasri towards buy-out of her

partnership share. A part of this amount was also paid by Saravanan.

4. However, following the re-registration of the case by CB-CID,

Sarvanan took the line that he was coerced into a settlement and forced to

cough up the amount of Rs.5 Crores and agree to pay the remaining amount

of Rs.19 Crores. Taking note of this statement, an alteration report was filed

by the DSP, CB-CID, Thanjavur. Sugumaran, Inspector of Police, who

originally investigated Thirumaran’s complaint was arrested on 09.10.2026. https://www.mhc.tn.gov.in/judis

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Sugumaran was remanded to custody. His application for bail was also

dismissed by the learned Judicial Magistrate, Thiruvaiyaru on 16.10.2026.

5. Instead of filing bail petition before the Sessions Court or this Court,

this HCP has been straight away moved. It is another matter that even if a bail

petition had been filed before this Court, it would have come up only before

one of us (PMNJ) who is holding the bail roster.

6. The first question that calls for consideration is whether this Habeas

Corpus Petition is maintainable. We had framed this question only because

the counsel for the intervenor questioned the maintainability of this petition.

This issue is no longer res integra. We need to refer only to two decisions of

the Hon’ble Supreme Court. In Gautam Navlakha Vs. National

Investigation (2022) 13 SCC 542, it was held as follows :

“80. … If the remand is absolutely illegal or the remand is afflicted

with the vice of lack of jurisdiction, a habeas corpus petition would

indeed lie. Equally, if an order of remand is passed in an absolutely

mechanical manner, the person affected can seek the remedy of habeas

corpus….”

In V.Senthil Balaji vs. State rep. by Deputy Director and Others (2024) 3

SCC 51, it was held that if the detention can be said to be illegal for not

following the statutory mandate, a Writ of Habeas Corpus will lie. https://www.mhc.tn.gov.in/judis

HCP(MD) No. 1359 of 2026

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7. The petitioner has thus crossed the threshold of maintainability. Now,

it has to be shown that the petitioner’s husband’s arrest and remand are

vitiated by illegality.

8. The detenu was served with notice under Section 35 of the BNSS,

2023 on 09.10.2026. In response thereto, on the very same day, Sugumaran

appeared before the CB-CID. After the questioning was over, he was arrested

at 05.00 P.M. As rightly contended by Shri Sricharan Rangarajan, the learned

Senior Counsel, when a person has complied with the notice issued under

Section 35 of BNSS, the noticee cannot be arrested unless the investigating

officer records his reasons as to why the arrest is necessary. Section 35(5) of

BNSS, 2023 mandates that where the noticee complies and continues to

comply with the notice, he shall not be arrested in respect of the offence

referred to in the notice unless, for reasons to be recorded, the police officer is

of the opinion that he ought to be arrested. The expression “shall not be

arrested” is peremptory and cannot be ignored. The Hon’ble Supreme Court

in the decision reported in (2026) 7 SCC 311 (Satender Kumar Antil vs.

Central Bureau of Investigation and Another) had held as follows:

“24. Section 35(5) of the BNSS, 2023 facilitates the liberty

of a person by imposing an implied prohibition of arrest

when a person complies with a notice issued under Section

35(3) of the BNSS, 2023. This provision reiterates the fact

that any subsequent arrest, being an exception, is warranted

only when a police officer forms an opinion for such an https://www.mhc.tn.gov.in/judis

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arrest, which he is duty bound to record, in writing, by

furnishing adequate reasons.“

9. It is relevant to note that Sugumaran stands accused of the offences

under Sections 61, 308(2) and 198 BNS, 2023. Section 61 defines “criminal

conspiracy”. Section 198 provides for simple imprisonment for a term which

may extend to one year for public servant disobeying law with intent to cause

injury to any person. Section 308(2) provides for imprisonment for a term

which may extend to seven years for the offence of extortion. Thus, the case

on hand clearly attracts Section 35(1)(b) of BNSS, 2023. It reads as follows :

“35.When police may arrest without warrant.

(1) Any police officer may without an order from a Magistrate and

without a warrant, arrest any person-

(a) …

(b) against whom a reasonable complaint has been made, or credible

information has been received, or a reasonable suspicion exists that he

has committed a cognizable offence punishable with imprisonment for

a term which may be less than seven years or which may extend to

seven years whether with or without fine, if the following conditions

are satisfied, namely:-

(i) the police officer has reason to believe on the basis of such

complaint, information, or suspicion that such person has committed

the said offence;

(ii) the police officer is satisfied that such arrest is necessary-(a) to

prevent such person from committing any further offence; or(b) for

proper investigation of the offence; or https://www.mhc.tn.gov.in/judis

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(c) to prevent such person from causing the evidence of the offence to

disappear or tampering with such evidence in any manner; or

(d) to prevent such person from making any inducement, threat or

promise to any person acquainted with the facts of the case so as to

dissuade him from disclosing such facts to the Court or to the police

officer; or

(e) as unless such person is arrested, his presence in the Court

whenever required cannot be ensured,and the police officer shall record

while making such arrest, his reasons in writing:”

Section 35(3) of the BNSS, 2023 is as follows :

“35.(3)The police officer shall, in all cases where the arrest of a

person is not required under sub-section (1) issue a notice directing

the person against whom a reasonable complaint has been made, or

credible information has been received, or a reasonable suspicion

exists that he has committed a cognizable offence, to appear before

him or at such other place as may be specified in the notice.”

The fact that the CB-CID did not arrest Sugumaran in the first instance but

chose to issue notice under Section 35(3) clearly brings the case on hand

under Section 35(5) of BNSS, 2023. At this stage also, the condition

precedent for arrest as laid down in Section 35(1) (corresponding to Section

41 of Cr.Pc) has to be complied with and shall be subject to the same scrutiny

by the Magistrate (Arnesh Kumar v. State of Bihar (2014) 8 SCC 273). https://www.mhc.tn.gov.in/judis

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10. We wanted the respondents to satisfy us that proper reasons were

recorded for justifying the arrest of Sugumaran when he had duly complied

with the notice issued under Section 35(3) of BNSS, 2023. We place on

record that no material was placed before us to show that the requirement set

out in Section 35(5) was complied with. This alone is more than sufficient to

declare the arrest and remand of Sugumaran as illegal.

11. But we do not stop with this. It has been pleaded in the affidavit

filed in support of this writ petition that the grounds of arrest were not served

on the detenu. The learned Senior Counsel pointed out that when this

submission was urged before the learned Trial Magistrate, it was brushed

aside in the following terms :

“3.1.This court carefully considered the rival contentions

raised and perused all the records. The contentions regarding non

serving of Grounds of arrest is an objection that too be raised at

the time of remand. On perusal of remand order, nothing noted

that such objection raised. Further, the accused has been remanded

and he is in Judicial custody. It is pertinent to note that in the

remand order, it is specifically mentioned that "Accused wife who

is an advocate is also present". Further, serving the grounds of

arrest is for enabling the accused to know the facts for which he

was arrested. Here the accused who being the Inspector of Police

and his wife, who being an advocate can have an opportunity to

get the knowledge of the grounds of the arrest from the officials.

Hence arguments stating Grounds of arrest not served could not be

countenanced. ” https://www.mhc.tn.gov.in/judis

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We express our shock and surprise. The prosecution did not claim that the

grounds of arrest had been served. No such finding was recorded by the trial

magistrate. On the other hand, according to the trial magistrate, the fact that

the arrestee is a police officer and that his spouse is a lawyer are

circumstances that justify dispensing with the constitutional requirement. We

remind the officer that Article 21 and 22 are sacrosanct. The interpretation

placed by the Hon’ble Supreme Court on the said two Articles constitutes the

law of the land. It must be followed in letter and spirit. Certain fundamental

rights are non-negotiable. Even the doctrine of waiver would not apply. Even

recently, the Hon’ble Supreme Court in Mihir Rajesh Shah v. State of

Maharashtra and Anr (2026) 1 SCC 500, categorically posited that the

mandate contained in Article 22(1) of the Constitution is unambiguous and

clear and that therefore, the arrested person must be informed of the grounds

of arrest as soon as they can be.

12. The Hon’ble Supreme Court in Vihaan Kumar  Vs.  State of

Haryana (2025) 5 SCC 799 held that if the grounds of arrest have not been

served to the arrestee, then the remand cannot be made and if it is made in

breach of the constitutional mandate under Article 22, all subsequent

proceedings also become illegal.

13. The learned Additional Public Prosecutor submitted that the grounds

of arrest were in fact served on the detenu. But this appears to be a mere ipse https://www.mhc.tn.gov.in/judis

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dixit of the law officer. This writ petition was filed on Wednesday. It was

taken up only today. Nothing stopped the respondents from filing a typed set

containing proof of such service. In fact, no such material must be available. If

it had been available, it would have furnished a complete answer to the

submission made on behalf of the detenu before the magistrate court. The

learned Magistrate would have definitely had the entire papers before her. The

bail order is quite detailed. There is no finding that the grounds of arrest were

served on the detenu. On the other hand, the learned Magistrate was at pains

to show that non-service of the grounds of arrest did not make a difference

considering the fact that the applicant is a police officer and his spouse is a

practising lawyer.

14. Respectfully applying the ratio laid down in Vihaan Kumar  Vs. 

State of Haryana (2025) 5 SCC 799 and Mihir Rajesh Shah v. State of

Maharashtra and Anr (2026) 1 SCC 500, we hold that the arrest and remand

of the petitioner’s husband is a rank violation of the constitutional mandate.

15. Two other thoughts trouble our minds. The case of

Saravanan/intervenor was that Thirumaran’s FIR registered under SC ST Act

was not being impartially investigated. He alleged bias. The Director General

of Police acting on the said allegation, directed the DSP, CB-CID, Thanjavur

to take over the investigation in Crime No.471 of 2026. This transfer order

was made on 15.08.2026. In our country, things move rather slowly. By the https://www.mhc.tn.gov.in/judis

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time CB-CID re-registered the case as Crime No.2 of 2026, much water had

flown under the bridge. Saravanan settled the matter with his partner-turned

foe. Two agreements were entered into. The second one was registered. He

made a part payment of Rs.5.00 crores. After CB-CID entered the scene,

Saravanan claimed that he was arm-twisted into settling the matter. According

to him, he was threatened with arrest. He also alleged that Rs.5.00 crores

was meant for Sugumaran and his higher-ups. Based on this U-turn, the CB-

CID filed an alteration report on 09.10.2026. Interestingly, all the offences

originally registered against Saravanan and two others were dropped. The

DSP, CB-CID appears to have forgotten that without putting the defacto

complainant on notice, the offences registered under the SC/ST Act could not

have been deleted. Section 15A of the SC/ST Act no doubt talks about the

association of the victim at stages such as bail, discharge, release, parole,

conviction or sentence of an accused. But Section 15A which is a beneficial

provision has to be construed expansively and liberally. No doubt, a penal

statute ought to be construed only strictly. But this principle will not apply to a

benevolent provision or a provision that favours the victim in a penal statute.

Section 15A merely provides for hearing the victim. This is not a provision

that even remotely prejudices the rights of the accused. Without putting

Thirumaran on notice, the DSP, CB-CID could not have on her own deleted

the offences originally registered. https://www.mhc.tn.gov.in/judis

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16. CB-CID registers FIR based on directions of the head of the

department or the court. It does not receive complaints straightaway. That is

why, even in the month of September, 2026, the FIR number is only 2/26. In

the case on hand, it was the DGP who vide proceedings dated 15.08.2026,

directed CB-CID to investigate the complaint of Thirumaran. The remit of CB-

CID was clear and definite. It could have filed final report holding that

Thirumaran’s complaint was false. Instead, it exonerated the persons

accused in Thirumaran’s complaint and turned the spotlight exclusively on the

original investigating officer. We have our own serious doubts as to whether

an alteration report can switch horses mid-stream. An alteration report is filed

when graver offences appear to have been committed. The offence for which

alteration report is filed must have a direct link with the offence originally

registered. For instance, an FIR may be registered for the offence of attempt

to murder. The injured might die. Then, alteration report is filed for including

the offence of murder. An alteration report is not normally filed for an entirely

different cause of action. The allegation that Sugumaran extorted money from

Saravanan is certainly a different cause of action. Saravanan, the erstwhile

second accused, became the source of an entirely different accusation

against the detenu, concerning different transaction, on different dates, with a

different alleged victim. When such role reversals take place, the prosecution

would do well to start on a clean slate. https://www.mhc.tn.gov.in/judis

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17. According to Saravanan, the sum of Rs.5.00 crores has been

pocketed by Sugumaran and others. But the petitioner makes a bold claim

before this Court that Jeyasri, the estranged partner of Saravanan would

testify before any court or authority that it is she who is the recipient of Rs.5.00

crores of rupees which sum has been paid in cash/cheques by Saravanan.

18. But we are not concerned with the merits of the matter. We,

therefore, will not be justified in holding that the FIR registered by CB-CID has

to be quashed. That is an independent battle which Sugumaran may have to

wage. Whether the fundamental rights of Sugumaran were breached in the

matter of his arrest and remand is the only point for consideration before us.

No doubt, Sugumaran is a police officer accused of having played

Kattapanchayat. But even such a person deserves due process. When we

apply Articles 21 and 22 of the Constitution of India to grant relief to terrorists,

it would be inequitable to deny the protection of Part III of the Constitution to

police officers who are on the wrong side of the law. To us, the character of

the person and the nature of allegations levelled against him are irrelevant.

We will only see if the litigant has made out a case for our interference.

19. As already mentioned, the writ petition was filed on Wednesday. It

is being taken up only today ie., Friday. The petitioner’s husband is in custody

since 09.10.2026. When it is argued before us that liberty is involved and the

prayer has been made in a Habeas Corpus Petition, we cannot brook any https://www.mhc.tn.gov.in/judis

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delay. Recently, when two innocent villagers were incarcerated and their bail

petition was wrongly rejected, the Division Bench of this Court to which one of

us was a party (GRSJ) in WP(MD)No.29140 of 2026 exercised the

supervisory jurisdiction under Article 227 of the Constitution of India and

directed the Sessions Judge to hold a special sitting on a Saturday and take

up the bail petition. It was heartening to note that the poor villagers were

granted bail. Arnab Goswami v. State of Maharashtra (2021) 2 SCC 427

was cited. The judgment of this Court began with the following quotation :

“Deprivation of liberty even for a single day is one too many”.

Shri Sharath Chandran, editor of MLJ and a practising lawyer and an

academic, felt that the remarks of Justice K.Subba Rao when His Lordship

was a Judge of the Madras High Court are even more apposite. A.K.Gopalan

v. the District Magistrate and ors (AIR 1949 Mad 596) in ringing terms

declares thus :

“It is the sacred duty of this Court to see that no citizen of this

province, whether he is rich or poor, whether he belongs to this

or that political persuasion, is illegally detained for one minute.”

Since even a minute’s illegal detention cannot be tolerated, we have chosen

to dispose of the matter today itself. No exception can be taken to

expeditious or even immediate disposal of a Habeas Corpus Petition. We

remind ourselves of the following famous words of Lord Denning :

“Whenever one of the Judges takes seat, there is one application

which by long tradition has priority over all others. The counsel

has but to say, ‘My Lord, I have an application which concerns https://www.mhc.tn.gov.in/judis

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the liberty of the subject’, and forthwith the Judge will put all

other matters aside and hear it.”

20. In the instant case, the CB-CID has not merely supplanted the

original First Information Report, but has also discarded the original

informant’s allegations completely by letting go the primary accused and

substituting them with a new accused on an entirely different factual matrix.

But the CB-CID did not follow due process while dealing with Sugumaran. We

have already pointed out the grave illegalities vitiating his arrest and remand.

21. We, therefore, declare that the petitioner’s husband’s arrest,

detention and subsequent remand are illegal. He shall be released forthwith.

This order shall be instantly complied with by the authorities who are in-charge

of the detenu’s custody. The concerned prison authority as well as the

CB-CID are directed to act on the web-copy and they shall not insist on

production of certified copy of this order. We are not granting bail. On the

other hand, we are directing his unconditional release. We clarify once again

that we have not gone into the merits of the allegation made by the intervenor.

This Habeas Corpus petition is allowed.

(G.R.S.,J.) & (P.M.N.,J.)

23-10-2026

Index: Yes/No

Speaking/Non-speaking order

Neutral Citation: Yes/No

SKM

Note : Issue order copy immediately. https://www.mhc.tn.gov.in/judis

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To

1.The Principal Secretary to Government,

Home Department, Fort St George, Chennai.

2.The Director General of Police,

Dr Radhakrishnan Salai,

Mylapore, Chennai 600004.

3.The Inspector of Police, Central Zone,

TVS Toll Gate Road, Kallukuzhi,

Trichy 620020.

4.The Superintendent of Police,

CBCID, Regional Branch,

Chennai.

5.The Deputy Superintendent of Police,

CBCID Police Station,

Thanjavur District.

Re Numbered Crime No.2/2026.

6.The Inspector of Police,

TMCH Police Station, Thanjavur District.

Crime No.417 of 2026.

7.The Additional Public Prosecutor,

Madurai Bench of Madras High Court,

Madurai.

Copy to :

The Superintendent,

Sub Jail, Thanjavur. https://www.mhc.tn.gov.in/judis

HCP(MD) No. 1359 of 2026

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G.R.SWAMINATHAN, J.

AND

DR.P.MURUGAN, J.

SKM

HCP(MD) No. 1359 of 2026

23-10-2026 https://www.mhc.tn.gov.in/judis