THE HONOURABLE MR JUSTICE N. ANAND VENKATESH AND THE HONOURABLE MR JUSTICE K.K. RAMAKRISHNAN WP Crl.(MD) NO. 3134 of 2026 Chinnadurai Petitioner(s) Vs 1.State of Tamilnadu, Represented by The Principal Secretary Home(Prison -IV) Department Chief Secretariat St.George Fort, Chennai – 600 009. 2.The Director General of Prisons and Correctional Services Tamilnadu Prison Head Quarters No.6, Whennals Road Egmore Chennai – 600 008. 3.The Deputy Inspector General of Prisons and Correctional Services Office of the DIG of Prisons, Trichy Range Trichy – 620 020. 4.The Superintendent of Central Prison, Trichy Central Prisons, Tiruchirappalli District. Respondent(s) For Petitioner(s): Dr.R.Alagumani For Respondent(s): Mr.T.Lenin Kumar

WP Crl.(MD) NO. 3134 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12-06-2026
CORAM
THE HONOURABLE MR JUSTICE N. ANAND VENKATESH AND
THE HONOURABLE MR JUSTICE K.K. RAMAKRISHNAN
WP Crl.(MD) NO. 3134 of 2026
Chinnadurai
Petitioner(s) Vs
1.State of Tamilnadu, Represented by
The Principal Secretary
Home(Prison -IV) Department
Chief Secretariat
St.George Fort, Chennai – 600 009.
2.The Director General of Prisons and Correctional Services
Tamilnadu Prison Head Quarters
No.6, Whennals Road
Egmore
Chennai – 600 008.
3.The Deputy Inspector General of Prisons and Correctional Services
Office of the DIG of Prisons, Trichy Range
Trichy – 620 020.
4.The Superintendent of Central Prison, Trichy Central Prisons, Tiruchirappalli District.
Respondent(s) For Petitioner(s):
Dr.R.Alagumani
For Respondent(s):
Mr.T.Lenin Kumar
Prayer:
To direct the respondents to release the prisoner by name
Mr.Sathanantham, S/o.Perumal,aged about 48 years, now confining at Trichy Central Prison before this Court and deliver the custody of the petitioner’s brother by name Mr.Sathanantham, PID No.126862, son of Perumal, aged 48 years, now confining at Trichy Central Prison in accordance with the order dated 28.09.2016 passed by the Fast Track Mahila Court, Ariyalur and on the basis of the order in D.No.135 dated 16.07.2024 passed by the Mental Health Review Board, Trichirappalli.
ORDER
(Order of the Court was made by the Hon’ble N.Anand Venkatesh J.)
Mr.T.Lenin Kumar, learned counsel for the State of Tamil Nadu
(Criminal Side) takes notice on behalf of the respondents.
2. In the case in hand, the petitioner’s brother, who suffered fromparanoid schizophrenia, underwent trial in S.C.No.35 of 2016 for the alleged offence under Sections 294(b), 324, 302 and 506(ii) of IPC. The trial Court, on ascertaining the mental status of the petitioner’s brother, came to a conclusion that he is suffering from chronic mental health condition and hence, acquitted the petitioner’s brother from all charges by judgment and order dated 28.09.2016. While acquitting the petitioner’s brother, the trial Court directed him to be detained in the Central Prison until the State Government decides to deliver the accused to any of his friends or relatives.
3. The grievance expressed by the petitioner is that for the last ten years, the petitioner’s brother continues to be inside the Prison, namely, Central Prison, Trichy. It is under these circumstances, the present Habeas Corpus Petition has been filed before this Court to set the detenu at liberty.
4. This is one of the most unfortunate case where an accused person after having been acquitted from all charges continues to languish in a jail for the last ten years. This is the height of violation under Article 21 of the Constitution of India. If really the concerned person is suffering from chronic mental health condition and therefore, to ensure his protection and the interest of the society, he has to be placed in a Mental Health Institute and he can never be detained in a jail. Hence, the fact that the petitioner’s brother had continued to languish in a jail for the last ten years tantamounts to illegal custody for ten years.
5. This Court had an occasion to deal with the manner in which such cases will have to be dealt with in the case of Vijay Pratap Singh Vs. State in Crl.A.No.451 of 2018 dated 28.10.2021 and certain guidelines were given.
6. The present case on the face of it warrants the payment of compensation to the detenu for his illegal custody for the last ten years. Ubi jus ibi remedium is the principle of law followed insofar as the payment of compensation in illegal custody cases. Useful reference can be made to the judgment of the Hon’ble Apex Court in the case of D.K.Basu
Vs. State of West Bengal reported in 1997 1 SCC 416.
7. A larger issue is involved in the present case and therefore, apartfrom granting necessary remedy to the detenu, we are also inclined to ascertain as to whether there are any such similar cases where the accused persons who have been acquitted or have already suffered sentence and who face such mental disorders, continue to languish in various Jails across the State of Tamil Nadu. Therefore, there shall be a direction to the first and second respondents to constitute a team and take the help of the Legal Services Authority to make an inspection in all Jails across Tamil Nadu to ascertain facts and a report shall be filed before this Court during the next date of hearing. Considering the same, appropriate directions will be issued by this Court. Insofar as the compensation is concerned, we are inclined to hear the learned counsel for the State of Tamil Nadu (Criminal Side) before passing final orders in this writ petition.
8. Registry is directed to post this case on 22.06.2026 at 02.15 p.m.
(N.ANAND VENKATESH J.) (K.K.RAMAKRISHNAN J.)
12-06-2026
TSG
To
1.The Principal Secretary
Home(Prison -IV) Department, Chief Secretariat, St.George Fort, Chennai – 600 009.
2.The Director General of Prisons and Correctional Services
Tamilnadu Prison Head Quarters No.6 Whennals Road Egmore, Chennai – 600 008.
3.The Deputy Inspector General of Prisons and Correctional Services Office of the DIG of Prisons, Trichy Range Trichy – 620 020.
4.The Superintendent of Central Prison, Trichy Central Prisons, Tiruchirappalli District.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.