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2014 Supreme(Mad) 2111

S.RAJESWARAN, P.N.PRAKASH
Sabina Begum – Appellant
Versus
Secretary Department of Home – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:R. Sankarasubbu, Advocate.
For the Respondents:M. Maharaja, APP, R1 & R2, V.T. Gopalan, Senior Counsel, R3, S. Panneer Selvam, Advocate.

Judgment

1. This Habeas Corpus Petition has been filed by the mother of the detenu Thamim Ansari, praying for issuance of a writ of Habeas Corpus, directing the respondents to produce the detenu, who is allegedly confined in the Global Hospital, Chennai and direct the Principal District and Sessions Judge, Chennai to conduct an enquiry into the arrest, detention and torture of the detenu by the police.

2. The factual matrix of this case is as under:

One Shanthi lodged a complaint with the J8 Neelankarai Police that someone had committed theft from the hundial in Periyapalayathaman Temple falling within the jurisdiction of the said police station. Based on the complaint, a case in J8 Neelankarai Police Station Cr.No.19 of 2014 under Section 380 IPC was registered by Mr. Vargees, Sub Inspector of Police on 05.01.2014 at 20.00 hrs and investigation was taken up by him. On 06.01.2014, when Mr. Vargees and his party were on night rounds, they found Thamim Ansari [the detenu] in a suspicious circumstance with a plastic bag in his hand. He was apprehended and was brought to the police station around 5.40 hrs on 07.01.2014 for further enquiry. During the course of enquiry, he seems to have




















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