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2015 Supreme(Ker) 394

A.MUHAMED MUSTAQUE
SHYAM BALAKRISHNAN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
Advocate Appeared:
FOR THE APPELLANT : SRI. P. SANKARANKUTTY NAIR, SRI. K. SANDESH RAJA, SRI. VENU MENON
FOR THE RESPONDENT: DIRECTOR GENERAL OF PROSECUTION SRI. T. ASAF ALI, SRI. N. NAGARESH, ASSISTANT SOLICITOR GENERAL

JUDGMENT

An action initiated by the Home Department of the State through the Police force, to prevent the activities of the Maoist-idealist people in the forest area within the Vellamunda Police Station and other areas, under the name of "thunder bolt" and "anti-naxal squad" resulted in filing this writ petition on the premise of deprivation of liberty of the petitioner without justifiable reasons under law. Petitioner says that he has been arrested wrongfully and later released. He seeks action against the police officials besides compensation, in this writ petition.

2. The brief facts involved in this case are as follows: On 20/05/2014, on receiving information that a suspected Maoist is travelling in a Motor Cycle bearing No. KL-08/V 4755, the anti-naxal squad conducted patrolling in the area and questioned the petitioner. By that time, people had assembled and created a pandemonium. The police thereupon took the petitioner in a police jeep and interrogated after conducting body search. The General Diary produced by the learned Director General of Prosecution would indicate that the police suspected that the petitioner was a Maoist and he was taken into custody for questioning. T






































































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