BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twelfth day of January Two Thousand Eleven PRESENT THE HONOURABLE MR. JUSTICE V.PERIYA KARUPPIAH CRL OP(MD) No.540 of 2011 M.E.M.JEYARAMAN, S/O MAYIL, DEPUTY SUPERINTENDENT OF POLICE, “Q” BRANCH CID, THENI DIST ... PETITIONER Vs RANJITH @ SEKAR ... RESPONDENT Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased SET ASIDE the CRL. MP.No. 36 of 2011 dated: 5.1.2011 on the file of the Judicial Magistrate Periyakulam and to reopen the case under Section 173 (8) Cr.P.C., and hand over the respondent for police custody for 7 days for further interrogation. Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of MR. M. DANIEL MANOHAR, Addl. Public Prosecutor, for the petitioner, the court made the following order:- Heard Mr. M. Daniel Manohar, learned Additional Public Prosecutor. 2. It has been submitted that due to urgency, the matter may be taken up today itself and orders may be passed. He would further submit in his argument that the police custody should have been taken during first remand period only and the accused was remanded to the Judicial Custody on 03.01.2011 and therefore suitable orders may be passed today. 3. This petition is filed by the petitioner today on permission granted for lunch motion seeking for direction of police custody of the respondent who is in judicial Custody. If any order is passed https://hcservices.ecourts.gov.in/hcservices/ without notice to respondent that would lead to violation of fundamental right of the respondent and therefore notice shall be ordered to the respondent. 4. Considering the circumstances of the case, this Court is ordering notice the respondent through the Central Prison, Authorities, Mysore in three days. Simultaneously notice to the lower court Counsel on record for the respondent also by then. The petitioner is at liberty to seek for constitution of Special Court during the Holidays for hearing the said case after issuing notice to the respondent in respect of the constitution of such special Court. 5. The Registry is directed to place the matter before My Lord Honourable Chief Justice for constituting a special Court on the application of the petitioner. If no special is constituted, to post the case on 18.01.2011. sd/- 12/01/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE PERIYAKULAM 2 THE CHIEF JUDICIAL MAGISTRATE, THENI 3 THE ADDL. PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. DM:2011:JANURARY:12: ORDER IN CRL OP(MD) No.540 of 2011 Date :12/01/2011 2P:4C:; https://hcservices.ecourts.gov.in/hcservices/