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2024 Supreme(Mad) 1855

S. M. SUBRAMANIAM, V. SIVAGNANAM
Juli – Appellant
Versus
Secretary to Government, Home, Prohibition and Excise Department – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: D. Balaji
For the Respondent: E. Raj Thilak

ORDER :

Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, to call for the records in connection with the order of Detention passed by the second respondent in B3/D.O.No. 64/2024 dated 15.08.2024 against the petitioner Nephew Samuvel, Male aged 24 years S/o Ramu, who is confined at Central Prison Vellore, and set aside the same and direct the respondents to produce the detenue before the Hon'ble Court and set him at Liberty.

1. The order of detention passed by the 2nd respondent in proceedings B3/D.O.No. 64/2024 dated 15.08.2024 is sought to be quashed in the present Habeas Corpus Petition.

2. The learned counsel for the petitioner submitted that there is an inordinate delay in passing the order of detention. He would further submit that the similar bail order relied on by the detaining authority is dissimilar. In the similar bail order, the bail was granted relying on the order of the Supreme Court in Suo-Motu Petition (Civil) No. 1 of 2020 In Re: Contagion of Covid-19 Virus in Prisons. Therefore, bail was granted on exceptional circumstances which cannot be taken into consideration for the purpose of detaining the detenue in the p

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