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2022 Supreme(SC) 394

Mallada K Sri Ram – Appellant
Versus
State of Telangana – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. A. Sirajudeen, Mr. A.V.S. Raju, Mr. Ch. Leela Sarveswar, Mr. P. Prabhakar, Mr. R. Ravi, Mr. Somanatha Padhan, AOR
For the Respondent: Mr. P. Mohith Rao, Mr. S. Udaya Kumar Sagar, AOR

JUDGMENT :

1. Leave granted.

2. This appeal arises from a judgment dated 25 January 2022 of a Division Bench of the High Court for the State of Telangana dismissing the writ petition seeking a writ of habeas corpus.

3. The brother1[“detenu”] of the appellant worked as an employee with an entity by the name of M/s Ixora Corporate Services2[“Company”], Banjara Hills, Hyderabad. On 13 October 2020, a complaint was lodged on behalf of the Company with the SHO, Banjara Hills, alleging that K Mahendar, another employee at the Company, had opened a salary account with the Federal Bank without authorization and in conspiracy with the detenu collected an amount of Rs 85 lakhs from 450 job aspirants. It was alleged that the co-accused who was in charge of the HR Department at the Company had, in collusion with the detenu, hatched a plan to collect money from individuals by misrepresenting that they would be given a job at the Company and collected money from aspirants for opening a bank account and supplying uniforms.

4. The first FIR, FIR No 675 of 2020, was registered on 15 October 2020 at Police Station Banjara Hills against K Mahendar (A-1) and the detenu (A-2) for offences punishable under

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