STATE Vs. E VEERAMANI

JUDGEMENT

(1.) These petitions coming on for hearing on 23-8-94, 16-9-94, 17-9-94, 20-9-94, 7-10-94 and 11-10-94 upon perusing the petition and the respective affidavits filed in support thereof and the orders of this court dated 14-6-93 and 25-5-93 and made in Crl. OP Nos. 6271/93 and 6275/93 respectively and the counter affida vits filed therein and upon hearing the arguments of Mr. S. Shanmughavelayutham Addl. Public Prosecutor on behalf of the State, in all the petitions herein and of Mr. A. Natarajan Advo cate for the respondent in all the petitions herein and this having stood over for consideration till this day, the Court made the following order : On 10-2-1993 the Inspector of Police, L and O R-7 K. K. Nagar Police Station registered a case against one Veeramani the respondent in all these three petitions in his Station crime No. 288/93 under Sections 148, 341, 302 and 506 (II) IPC read with Section 34, IPC on the complaint that at 8-45 A.M. on that day the said Veeramani and his associates wrongfully restrained one Annadurai at the junction of 100 feet Road and Periyar Street in front of Sakthi Vinayagar Temple, assaulted him with patta knife and com mitted his murder. On the same day another complaint in Crime No. 237/93 under Sections 147, 148, 120B, 341, 307, 506(II) and 109 read with Section 149, IPC was registered against the said Veeramani by the Inspector of Police (Law and Order), B.2 Esplande Police Station on the allegation that at about 4-00 P.M. on 10-2-1993 he had attempted to commit the murder of the complainant therein by stabbing with patta knife. On 11-2-1993 at 4-00 P.M. one Munusu, Inspec tor of Police, Foreshore Estate Police Station lodged a complaint with the Inspector of Police (Law and Order) D.5 Marina Police Station in Crime No. 61/93, u/Ss 332, 336, 324, 427 and 307, IPC alleging that on 11-2-1993 he was assigned the specific task of apprehending Veeramani in connection with the abovesaid two cases. When he had gone to Ayodhya Kuppam along with his Police Party, Veeramani and his henchmen threatened the Police Party and at tacked him with patta knife aiming at his head.

(2.) Respondent Veeramani was arrested on 11- 2-1993 by the Inspector of Police (Law and Order) E-5 Foreshore Estate Police Station and was remanded to custody. Thereafter, he was detained under Act 14 of 1982 as a bootlegger from 16-2-1993. After the expiry of the detention on 15-2-1994 tie continued to be in custody.

(3.) In the mean while, on 25-5- 1993 in Crl. OP No. 6275 of 1993 he was ordered to be released on bail by the Principal Sessions Judge, Madras under Section 167(2) Cr. PC on the ground that charge sheet was not laid within 90 days. This order relates to Crime No. 288/93 of K. K. Nagar Police Station. The charge sheet in this crime number was laid only on 3-11-1993. Similarly in Crl. O.P. No. 6271 of 1993 he was granted bail on 14-6-1993 in connection with Crime No. 237/93 of B.2 Esplanade Police Station Madras. This was also under Section 167(2), Cr. PC on the ground that charge sheet was not laid within 90 days of the arrest of the accused. It appears that without reference to the order in Crl. MP. No. 6271 of 1993 the VII Metropolitan Magistrate, George Town, Madras had already passed an order on 4-5-1993 releasing accused on his own bond under Section 167(2), Cr. P.C. on the fail ure of laying of the charge sheet. The charge sheet herein was laid only on 16-8-1993. In both these crime numbers respondent did not avail the bail order in his favour and got him actually released till the charge sheets were filed. Though his detention period under Act 14 of 1982 ex pired on 15-2-1994, he continued to remain in prison.