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2024 MarsdenLR 634

HIGH COURT MALAYA KUALA LUMPUR
THAYANANTHA RAO BALA KRISHNA – Appellant
Versus
SJN MUHAMMAD IZWAN IZHAM & ORS – Respondent


Petitioner Advocates:Jayananda Rao Simmachalan,Gayathri Chandrakasan,Ho Xin Ying ,Respondent Advocate: Syahriah Shapiee

JUDGMENT

(After Trial)

John Lee Kien How @ Mohd Johan Lee J:

Introduction

[1] This case related to unlawful arrest and detentions of an unfortunate man namely, Thayanantha Rao Bala Krishna ("the Plaintiff") whose identity was exploited by a criminal.

Brief Facts Of The Case

[2] The 1st Defendant is at all material times, an Assistant Investigating Officer ('IO') with Jabatan Siasatan Jenayah Narkotik, IPD Dang Wangi, Kuala Lumpur.

[3] The 2nd Defendant is a patrolling officer at IPD Dang Wangi, Kuala Lumpur. He was the officer who arrested the Plaintiff on 10 May 2019, the date in issue.

[4] The 3rd Defendant was an IO from Bahagian Siasatan Jenayah Narkotik, IPD Dang Wangi, Kuala Lumpur as well as the Inspector granting police bail to the Plaintiff.

[5] The 4th and 5th Defendants were the Officers in Charge of the Police District (OCPD) at IPD Dang Wangi and IPD Brickfields respectively.

[6] The unfortunate event happened to the Plaintiff in 2019. However, to understand the material facts leading to the arrest in 2019, one must know what happened in 2017 when all his nightmares began.

[7] On or about 20 December 2017, as the Plaintiff was riding his motorcycle around Jalan Imbi, Kuala Lumpur

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