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2004 Supreme(Mad) 1294

M.KARPAGAVINAYAGAM, S.R.SINGHARAVELU
Devan – Appellant
Versus
. – Respondent


Advocates Appeared:
Mr. B. Kumar, Senior Counsel for Contemner. Mr. N. R. Chandran, Advocate General for Assisting the Court.

Judgment :

M. Karpagavinayagam, J.

1. V. Devan, formerly Inspector of Police, Needamangalam Police Station is facing suo motu contempt proceedings before this Court for having filed a false affidavit.

2. Relating to the detention of one Tamilarvan, a habeas corpus petition had been filed in H. C. P. No. 656 of 2003 for the production of the said Tamilarvan. V. Devan, the Inspector of Police, the contemner herein filed a counter affidavit dated 23. 6. 2003 stating that the said Tamilarvan was arrested on 26. 2. 2003 at 4. 30 p. m. in pursuance of the detention order dated 24. 2. 2003 issued by the District Collector and after service of the detention order, he was taken to the Police Jeep. However, the said Tamilarvan escaped from the custody of the Police at 5. 00 p. m. and a case was registered in Crime No. 37/2003 under Section 224, I. P. C.

3. On perusal of this counter affidavit, the Division Bench wondered as to how the detenu was allowed to be escaped even though the said Tamilarvan was standing in front of the Guru Hotel for half-an-hour. Unable to appreciate the statement of the Inspector of Police that immediately after service of the detention order, the detenu escaped






























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