A.JEBARSHAN JOYAL Vs. STATE

JUDGEMENT

(1.) The petitioner herein is the 10th accused in Crime No.273 of 2020, on the file of the respondent Police, registered under Sections 147 , 148 , 341 , 294(b) , 302 and 506 (ii) IPC . He was formally surrendered on 21.05.2020, before the learned Judicial Magistrate No.2, Thoothukudi and thereafter, the learned Judicial Magistrate No.

(2.) , Thoothukudi remanded the petitioner to Judicial custody till 04.06.2020. Subsequent to that on 28.05.2020, the respondent herein filed a petition under Section 76 of Criminal Rules of Practice, before the learned Judicial Magistrate, Satankulam in Crl.M.P.No.2082 and seeking the relief to handover the petitioner for Police custody. On due enquiry and having considered the said request, on 01.06.2020, the learned Judicial Magistrate, Satankulam authorized the detention of the petitioner in Police custody for two days ie., from 01.06.2020 at 4.00 p.m., to 03.06.2020 at 4.00 p.m., 2. Aggrieved over the same, the petitioner is now before this Court with this Criminal Original Petition under Section 482 of the Code of Criminal Procedure.

(3.) The learned counsel appearing for the petitioner would submit that allowing the application filed by the respondent, before the learned Judicial Magistrate, is against the liberty of the petitioner, as guaranteed under the Constitution of India. In support of his contentions, the learned counsel relied on various Judgments, particularly, relying on the Judgment of this Court made in the case the Deputy Superintendent of Police Vs. Sundaramoorthy reported in (2008 Crl. L.J 898), wherein in respect to granting of police custody, this Court observed as follows:-