1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.08.2011 CORAM: THE HONOURABLE MS.R.MALA Crl.O.P.(MD)No.10350 of 2011 State Rep.by The Inspector of Police, District Crime Branch, Madurai District. Cr.No.44 of 2011. ... Petitioner/Investigating Officer Vs. Suresh Babu @ PottuSuresh (Accused No.6) ... Respondent / Accused PRAYER: The Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in Cr.M.P.No.6723 of 2011 on the file of the Judicial Magistrate No.1, Madurai and to set aside the order in Cr.M.P.No.6723 of 2011 dated 03.08.2011 and permit the petitioner/investigating officer to take the custody of the accused persons for 3 days for custodial interrogation. For Petitioner : Mr.Ramachandran, APP (Crl.side) For Respondents : Mr.N.R.Elango,Senior Counsel for Mr.S.Ravi O R D E R This petition is filed by the petitioner/State to set aside the order in Cr.M.P.No.6723 of 2011 dated 03.08.2011 passed by the learned Judicial Magistrate No.1, Madurai. 2.Heard Mr.Ramachandran, learned Additional Public Prosecutor for the petitioner and Mr.N.R.Elango, learned Senior Counsel for Mr.S.Ravi learned counsel appearing for the respondent. 3.The learned Additional Public Prosecutor submits that the respondent was arrested on 25.07.2011 and remanded to judicial custody on 26.07.2011. The State has filed Cr.M.P.No.6727 of 2011 for taking police custody of the respondent and that application was dismissed on 03.08.2011. The learned Additional Public Prosecutor further submits that the Trial Court has not considered the necessity for taking the respondent to police custodial. 4.The learned counsel appearing for the respondent would submits that the accused was arrested on 25.07.2011 and remanded to judicial custody on 26.07.2011 and hence, remand to police custody, after expiry of the initial period of 15 days, will not arise and hence, this petition itself has become infructuous. To substantiate https://hcservices.ecourts.gov.in/hcservices/ 2 his contention, 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 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 respondent was arrested on 25.07.2011 and was remanded to judicial custody on 26.07.2011 and that the period of first 15 days of custody has been expired on 09.08.2011 and was directed to produce on Court on 09.08.2011, I am of the view that this application has become https://hcservices.ecourts.gov.in/hcservices/ 3 infructuous since the 15 days time has been expired on 09.08.2011. 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(P&A) /True Copy/ Sub Assistant Registrar To 1.The Judicial Magistrate No.I, Madurai 2. The Inspector of Police, District Crime Branch, Madurai District. 3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai Crl.O.P.(MD)No.10350 of 2011 12.08.2011 nbj SMA/22.8.2011/4C/3P https://hcservices.ecourts.gov.in/hcservices/