HIS HOLINESS SRI JEYENDRA SARASWATHI SWAMIGAL Vs. STATE

JUDGEMENT

(1.) THE prayer in this petition is to call for the records and quash the Order dated 19. 11. 2004 passed in Crl. M. P. No. 5857 of 2004 in Crime No. 914 of 2004 by the learned Judicial Magistrate-I, Kancheepuram.

(2.) THE brief facts of this case are as folows: on 3. 9. 2004 one Sankararaman, working in 'arulmigu Devaraja Swamy Thiru Koil', Kancheepuram was murdered at 6. 30 p. m. in the temple-office; two persons came with 'arruval' and hacked the deceased; they ran away with three others, who were standing nearby; all the five fled in two Yamaha Motor Cycles parked outside the temple; so far thirteen persons have been arrested. The petitioner was arrested on 10. 11. 2004, produced before the Magistrate on 11. 11. 2004, and was remanded to judicial custody for fifteen days. Subsequent to that, the Magistrate by Order dated 19. 11. 2004 granted 'police custody' for three days on the application filed by the Investigating Officer. Since it is an interlocutory order, no revision/appeal could be filed. Therefore, the present petition is filed under Section 482 Cr. P. C.

(3.) THOUGH in the petition a number of grounds have been raised, Mr. I. Subramanian, learned Senior Counsel appearing for the petitioner, has confined his arguments only to the following two legal aspects: