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2007 Supreme(Mad) 3162

P.K.MISRA, P.R.SHIVAKUMAR, S.NAGAMUTHU
G. Kalaiselvi – Appellant
Versus
The State of Tamil Nadu – Respondent


Advocates Appeared:
For the Petitioner:T. Lajapathi Roy for R. Alagumani, Advocates.
For the Respondents: S.P. Samuel Raj, Addl. Public Prosecutor.

Judgment :-

P.K. Misra, J.

This habeas corpus petition has been referred to a Larger Bench by order dated 10.08.2007 passed by a Division Bench.

2. The detention order was passed by the District Collector cum District Magistrate, Ramanathapuram District, on 17.04.2007 on the allegation that the detenu is a Goonda. In the grounds of detention, reference was made to one adverse case registered under Sections 147, 323, 336, 427 and 506(ii) IPC. The ground case is alleged to have occurred on 25.01.2007, wherein it is alleged that the detenu Guru @ Gurusamy and his associates have committed offences under Sections 147, 148, 324, 326, 302 IPC. The allegations reveal the death of two persons in the incident. On the basis of first information, a case in Crime No.99/2007 of Paramakudi Taluk Police Station has been registered. In paragraph 3 of the grounds of detention, the detaining authority has indicated:

"3... The accused were arrested and the weapons used for the murder were also under Mahazar. The accused Guru @ Gurusamy and other accused were produced before the Judicial Magistrate, Paramakudi and remanded to Judicial custody till 13.04.2007 and lodged in the Central Prison, Madurai.
















































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