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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, G.ARUL MURUGAN, JJ
Mirthunaj Kumar – Appellant
Versus
The State of Tamil Nadu – Respondent
| Table of Content |
|---|
| 1. discussion on the maintainability of the habeas corpus petition. (Para 1 , 2) |
| 2. the petitioner's argument on the grounds of personal liberty. (Para 3 , 4) |
| 3. evaluation of opposing views on the second habeas corpus petition. (Para 6 , 10) |
| 4. clarification on the application of res judicata in illegal detention cases. (Para 9 , 11 , 15) |
| 5. conclusion of the court dismissing the second petition. (Para 18 , 19) |
ORDER
An issue of importance regarding the maintainability of a Habeas Corpus Petition has been raised in the present Petition, in view of the fact that the first Habeas Corpus Petition filed by the very same petitioner/Mirtunaj Kumar, in HCP(MD)No.1399 of 2024, was dismissed by the Division Bench of this Court by order dated 29.04.2025.
2.The petitioner has not preferred any Special Leave Petition before the Hon'ble Supreme Court of India, instead chosen to prefer a second Habeas Corpus Petition in HCP(MD)No.718 of 2025 challenging the very same detention order dated 04.09.2024, which was under challenge in H.C.P(MD)No.1399 of 2024.
3.Mr.G.Karuppasamy Pandian, learned counsel appearing for the petitioner, contended that the second Habeas Corpus Petition is maintain
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