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2007 Supreme(AP) 884

D.MURUGESAN, K.N.BASHA
State – Appellant
Versus
Sundaramoorthy – Respondent


Advocates:
ADVOCATE APPEARED:
Mr. P. Venkatasubramaniam, Spl. P.P.for Appellant. Mr. R. Sankara Subbu, for Respondent.

ORDER (Per D. Murugesan, J.)

The appellant, the State represented by the Deputy Superintendent to Police, Q Branch, CBI Dharmapuri, has approached this Court questioning the order passed in Crl. M.P. No. 311 of 2007 ill Spl. C. C. No. 5 of 2003 in Split up special C. C. No. 1 of 2006 on the file of the learned Special Judge for Cases, Chennai at Poonamallee.

2. The appellant had approached the Special Court seeking for police custody of the respondent by name Sundaramoorthy on the ground that he might have connection with the other absconding accused, viz., Navin @ Prasath, Chandra, wife of the accused and one Bharathi, who, according to the appellant, belong to Extremists and Terrorist Group and the respondent might have known the hiding places of the other three accused and the places where arms, ammunitions and explosives were hidden. The said application was dismissed by the Special Judge, as stated earlier. Hence, the present appeal is filed by the State.

3. The circumstances under which the appeal came to be filed may briefly to by stated as follows:

(i) On an information from one police constable attached to District Special Branch, Dharmapuri, on 23-11-2002 regarding ten person










































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