RAMASWAMY Vs. STATE

JUDGEMENT

(1.) ONE Ramaswamy (Petitioner) next friend of the detenus, viz. , (1) Ravi alias Ravichandran and (2) Murugesan (hereinafter referred to as 1st detenu and 2nd detenu, respectively), resorted to the present action under sec. 226 of the Constitution of India praying for the issuance of a writ of habeas corpus directing the respondent herein to cause their production before this Court and set them at liberty.

(2.) THE factual edifice or the basis, on which this action had been founded, is reflected as follows: THE first detenu was arrested in connection with Crime no. 346 of 1993 on the file of Sub Inspector of Police, Kullanchavadi Police station on 20. 12. 1993 at 8 p. m. when he was found in possession of gelatine sticks, detonators and fuse wires, besides other weapons. After his arrest and recovery of the aforesaid explosive substances, he was produced before the designated Judge No. 2, Madras, on 21. 12. 1993, who remanded him to judicial custody. THEreafter, the remand was extended from time to time.

(3.) MR. Sankarasubbu, learned counsel for the petitioner would, with all vehemence, reiterate the very same grounds, as had been taken in the affidavits filed in support of the action to which course, MR. B. Sriramulu, learned Public Prosecutor representing the respondent, would strike a discordant note.