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2025 MarsdenLR 6344

ABDUL WAHAB, J
DASTHIGEER B MOHAMED ISMAIL – Appellant
Versus
KERAJAAN MALAYSIA & ANOR – Respondent


JUDGMENT

The tortuous facts of this application are as follows.

The applicant Dasthigeer bin Mohamed Ismail is the father of one Shahul Hameedbin Dasthigeer (the arrested person). The latter was arrested on December 19, 1999 pursuant to Kajang Police Report 424/99 lodged on January 10, 1999. On the next day, the Magistrates' Court remanded the applicant for one week until January 27, 1999 underremand order 57/99. The remand order was further extended for a period of 3 days until January 30, 1999. Notwithstanding that there was no further remand order, the applicant, according to his counsel, was kept in Police custody. According to his counsel, hewas brought before the Magistrate, charged and released on police bail of RM 4000 on February 4, 1999. As soon as bail was posted, he was re-arrested under Dang Wangi Police Report 177/99. He was remanded by the Kuala Lumpur Magistrate's Court until February10, 1999. This remand was extended to February 18, 1999.

On the next day, a habeas corpus application No. 44-4-99 (the first application) was filed by counsel on behalf of the applicant. The application was heard on 13th and 15th of February, 1999. The Court had rejected the habeas corpus

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