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2023 Supreme(Mad) 1487

M. SUNDAR, M. NIRMAL KUMAR
Sivaraman – Appellant
Versus
State of Tamil Nadu rep. by its Additional Secretary to Government, Chennai – Respondent


Advocates appeared:
For the Petitioner:M. Vijayaragavan, Advocate. For the Respondents: R. Muniyapparaj, Additional Public Prosecutor.

JUDGMENT

(Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus calling for the entire records pertaining to the detention order passed by the second respondent in Cr.M.P.No.45/Goonda/2022 dated 26.07.2022 and set aside the same and direct the respondents to produce the petitioner''s daughter namely Susila W/o. (Late) Gopa, aged about 30 years who is now confined in Special Prison for Women at Coimbatore before this Court and set her at liberty.)

M. Sundar, J.

1. Captioned ''Habeas Corpus Petition'' [''HCP'' for the sake of brevity] has been filed by the father of detenu assailing a ''preventive detention order dated 26.07.2022 bearing reference Cr.M.P.No.45/Goonda/2022'' [hereinafter ''impugned detention order'' for the sake of convenience and brevity]. To be noted, fifth respondent is the sponsoring authority and second respondent is the detaining authority as impugned detention order has been made by second respondent.

2. Impugned detention order has been made under ''The Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber law offenders, Drug-offenders, Forest-offenders, Goondas, Immoral traffic offender

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