Nandhini vs The Principal Secretary To Government on 15 March, 2023
5. Expanding his argument further by relying upon the said judgment,
the learned counsel strenuously referred to Paragraph 6 of the judgment and
argues that if the bail application was actually placed before the detaining
authority and on that basis, the detaining authority came to the conclusion
that the detenu was likely to be released on bail, such document being a
relied upon document should have been furnished to the detenu and non
furnishing of such documents or non furnishing of the translated version of
the bail application or order of rejection of the bail application of the detenu
in the earlier occasion of the same case, would be fatal to the detention
order. Therefore, the said proposition, as has been stated in Paragraph No.6
Page 6 of 26
https://www.mhc.tn.gov.in/judis
HCP(MD)No.1964 of 2022
of the said judgment, since having been relied upon by the learned counsel
for the petitioner, is pressed for indulgence of this Court against the
impugned order.