CHANDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) How is the period of detention under Sec. 428 of the Cr. P. C. to be ascertained Is the petitioner entitled to set off under Sec. 428 of the Cr. P. C. for the period from 17-12-2004 to 21-6-2005, during which period he was admittedly in custody Can the said period be reckoned as "period of detention" undergone by him during investigation, enquiry or trial of the same case i.e. C. C. No. 111 of 2005 before the Chief Judicial Magistrate, Trichur, notwithstanding the fact that there was no specific order of remand by the learned C. J. M. authorising detention for the said period These are the crucial questions surviving for consideration in this Crl. M. C. now.

(2.) Though various other reliefs were also claimed by the petitioner in this Crl. M. C., now the learned counsel for the petitioner presses only for set off for the said period in one case, i.e. C. C. No. 111 of 2005.

(3.) A brief reference to skeletal facts appears to be necessary. On the night of 11/12-9-2004 a theft took place in the house of an advocate. A gold bangle was allegedly thieved. Crime No. 733 of 2004 of Town East Police Station, Trichur was registered. Investigation was conducted in that case. A refer report was filed by the Investigating Officer to report that the offender could not be traced.