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2021 Supreme(Mad) 1266

P.N.PRAKASH, R.PONGIAPPAN
Anandha Kumar – Appellant
Versus
Government of Tamil Nadu, Rep. by its Secretary to Government Home (Prison IV) Department – Respondent


Advocates Appeared:
For the Petitioner: Mr. S.N. Arun Kumar.
For the Respondents:Mr. R. Muniyapparaj, Govt. Advocate (Crl. Side).

ORDER :

P.N. PRAKASH, J.

This writ petition has been filed seeking a direction to the respondents 1 and 2 to release the petitioner's brother viz., Jai @ Jaikumar, S/o. Arumugam, aged 27 years, from the illegal custody of the 3rd respondent by considering the petitioner's representation dated 04.05.2021.

2. The facts of the case lie a very narrow compass.

2.1. The detenu, viz., Jai @ Jaikumar was involved in a murder case on 16.10.2016, in connection with which, a case in S-8 Adambakkam Police Station Crime No.2268 of 2016 was registered against him and others, for the offences under Sections 147, 148, 341 and 302 IPC. He was arrested in the said crime number and was remanded in custody. Later, he was released on bail by the Principal Sessions Judge, Chengalpet in Crl.M.P.No.4997 of 2018 on 17.11.2018 on certain conditions, one of which is that, he should not commit any other offence while on bail.

2.2. The detenu was involved in a robbery on 17.10.2016, in connection with which, a case in S-8 Adambakkam Police Station Crime No.2273 of 2016 was registered against him for the offences under Sections 341, 294(b), 397, 336, 427 and 506(II) IPC. He was arrested in the said crime number and

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