1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.09.2011 CORAM THE HONOURABLE MS.JUSTICE R.MALA Crl.O.P.(MD).No.11724 of 2011 R.M.Madhavan, Assistant Commissioner of Police, Anti Land Grabbing Special Cell, 1/C City Crime Branch, Trichy City. ... Petitioner Vs. 1.A.Sekar @ Kudamurutti Sekar ... Accused-3 2.M.Anbalagan ... Accused-4 3.M.Sherif @ Salai Sheriff ... Respondents/Accused-9 Prayer: Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in Cr.M.P.No.10395 of 2011 on the file of the learned Judicial Magistrate No.IV, Trichy and to set aside the order in Crl.M.P.No.10395 of 2011 dated 29.08.2011 and permit the petitioner/Investigation Officer to take the custody of the accused for five days for custodial interrogation. For Petitioner : Mr.R.Ramachandran Addl Public Prosecutor(Crl.Side) For Respondents : Mr.T.A.Omprakash ORDER This petition is filed by the petitioner/State to set aside the order in Cr.M.P.No.10395 of 2011 dated 29.08.2011 passed by the learned Judicial Magistrate No.IV, Trichy, for dismissing the petition for police custody of the accused on 29.08.2011. 2. Heard Mr.R.Ramachandran, learned Additional Public Prosecutor for the petitioner and Mr.T.A.Omprakash, learned Counsel appearing for the respondents. 3. The learned Additional Public Prosecutor submits that the respondents/accused were arrested on 25.08.2011 and remanded to judicial custody on the same day. The State has filed Cr.M.P.No.10395 of 2011 for taking police custody of the respondents and that application was dismissed on 29.08.2011 stating since the case has been registered under Sections 147,447,363,342,325,387,506 (ii),392 r/w 120(b) IPC and subsequently altered into Sections https://hcservices.ecourts.gov.in/hcservices/ 2 147,447,365,342,325,387,506(ii),395,307,420 r/w 120(b) IPC on 28.08.2011 since there is an offence under Section 120(b) for custodial interrogation is necessary. Hence, the petition is filed but the trial Court has not considered this aspect and hence the order passed by the learned Judicial Magistrate is to set aside and permit the petitioner/Investigation Officer to take the police custody of the respondents/accused herein. 4. Refuting the same, the learned Counsel for the respondents/accused No.3,4 and 9 would submit that the respondents/accused were arrested on 25.08.2011 and they were sent for remanded to the judicial custody on the same day. Admittedly, the police custody application filed on 26.08.2011 that has been dismissed on 29.08.2011. He further submitted that the period of judicial custody expired on 08.09.2011 and hence the matter has become infructuous and hence he prayed for dismissal. To substantiate his arguments he relied upon the decisions of the Apex Court reported in 1992(3) SCC 141 (Central Bureau of Investigation, New Delhi Vs. Anupam J.Kulkarni) and 2010(3) SCC (Cri.)223 (Devender Kumar and another Vs. State of Haryana and others). 5. Considering the rival submissions made on both sides, this Court has to decide as to whether the police custody should be granted after expiry of the initial period of 15 days. 6.It is pertinent to note the decision of the Apex Court, which is relied upon by the learned counsel for the respondent, reported in 1992(3) SCC 141 (Central Bureau of Investigation, New Delhi Vs. Anupam J.Kulkarni), wherein the Supreme Court has held as follows: "13. ...After the expiry of the first period of 15 days the further remand during the period of investigation can only be in judicial custody. There cannot be any detention in the police custody after the expiry of first fifteen days even in a case where some more offences either serious or otherwise committed by him in the same transaction come to light at a later stage. But this bar does not apply if the same arrested accused is involved in a different case arising out of a different transaction. Even if he is in judicial custody in connected with the investigation of the earlier case he can formally be arrested regarding his involvement in the different case and associate him with the investigation of that other case and the Magistrate can act as provided under Section 167 (2) and the proviso and can remand him to such custody as mentioned therein during the first period of fifteen days and thereafter in accordance with the proviso as discussed above. If the investigation is not completed within the period of ninety days or sixty days then the https://hcservices.ecourts.gov.in/hcservices/ 3 accused has to be released on bail as provided under the proviso to Section 167(2). The period of ninety days or sixty days has to be computed from the date of detention as per the orders of the Magistrate and not from the date of arrest by the Police. Consequently the first period of fifteen days mentioned in Section 167(2) has to be computed from the date of such detention and after the expiry of the period of fifteen days it should be only judicial custody." and this has been followed in 2010(3) SCC (Cri.)223 (Devender Kumar and another Vs. State of Haryana and others). 7. Considering the judgments of the Apex Court, the respondents were arrested on 25.08.2011 and was remanded to judicial custody on the same day and that the period of first 15 days of custody has been expired on 08.09.2011 and was directed to produce on Court on 08.09.2011, I am of the view that this application has become infructuous since the 15 days time has been expired on 08.09.2011. Since the petition itself has become infructuous, there is no need to analyse the order of the Trial Court. Even the petition itself was filed in time as per the dictum laid down by the Apex Court, there cannot be any detention in the police custody after the expiry of first 15 days. Hence, the Criminal original petition is dismissed. Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To 1. The Judicial Magistrate No.IV, Trichy. 2. -Do- Thro' The Chief Judicial Magistrate, Trichy. 3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to Mr.T.A.Om Prakash, Advocate (SR.No.30814) Crl.O.P.(MD).No.11724 of 2011 09.09.2011 gsr NSV/15.9.11/3P/5C https://hcservices.ecourts.gov.in/hcservices/