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2019 Supreme(Mad) 1816

S.VAIDYANATHAN, N.ANAND VENKATESH
V. Rajan Selvin – Appellant
Versus
Commissioner of Police O/O. The Commissioner of Police Palayamkottai Tirunelveli City – Respondent


JUDGMENT :

(Prayer : To issue a Writ of Habeas Corpus or any other writ or Order or direction in the nature of writ of Habeas Corpus Directing the respondents no. 1 and 2 to produce the Body or person of detenue the petitioners sisters minor son namely Aswinsamraj.)

Pursuant to the orders passed by this Court on 23.09.2019, the second respondent/ Police produced the detenu before this Court.

2. The learned Additional Public Prosecutor, on instructions, submitted that Lakshmanan with whom the detenu wants to stay, is a man with criminal antecedents. He submitted that Moontradaippu Police Station, Tirunelveli has registered a case in Crime No.100 of 2019 against Lakshmanan and another for the offence punishable under Sections 447, 294(b), 324, 323, 427 and 506(i) of IPC. The learned Additional Public Prosecutor further submitted that the second respondent was able to find the detenu only by tracing his mobile number, since he was not present with the said Lakshmanan. The detenu was ultimately found at Koondhankulam, which is 40 Kms away from the Police Station and the detenu was found abandoned.

3. We personally enquired the detenu. We asked him to explain as to how a forged Adhaar Card

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