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2012 Supreme(SC) 149

P.SATHASIVAM, J.CHELAMESWAR
Subramanian – Appellant
Versus
State of Tamil Nadu – Respondent


JUDGMENT

P.Sathasivam,J.

1) Leave granted.

2) This appeal is directed against the final judgment and order dated 09.12.2011 passed by the High Court of Judicature at Madras in Habeas Corpus Petition No. 937 of 2011 whereby the High Court dismissed the petition filed by the appellant herein.

3) Brief facts:

a) The appellant is the father of the Detenu. The Detenu has a dispute regarding their land with one Kaliyamoorty for which a Civil Suit being O.S. No. 452 of 2008 is pending before the Subordinate Judge at Trichy. The said Kaliyamoorty filed a complaint with police on 18.07.2011 complaining that the detenu armed with aruval (sickle) along with his associates apart from threatening the de facto complainant Kaliyamoorty caused damage to the STD booth by damaging the glasses and chairs. Accordingly, an FIR being Crime No. 361 of 2011 was registered by the K.K. Nagar Police Station, Trichy. The complainant - Kaliyamoorthy had already lodged a complaint before the City Crime Branch, Trichy, on 07.02.2010, which was registered by the Police as Case Crime No. 3 of 2010 which is still pending.

b) On 21.07.2011, respondent No.2 - Commissioner of Police passed a detention order against the



























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