THE SUPERINTENDENT OF PRISONS CENTRAL PRISON-II Vs. THE INSPECTOR OF POLICE, MADURAVOYAL POLICE STATION

JUDGEMENT

(1.) This petition has been filed to set aside the order passed in D. Nos. 155 and 169 of 2015 dated 21.01.2015 and 22.01.2015 respectively by the learned Judicial Magistrate -II, Poonamallee, Thiruvallur District. Shorn of irrelevant facts, the case of the State is that the Judicial Magistrate has no authority to direct the Superintendent of Prison to transfer a prisoner from one prison to another prison at the time of remanding a prisoner under Sec. 167 Cr.P.C. The Inspector of Police, Maduravoyal Police Station arrested some accused in Cr. Nos. 2376 of 2014, 2377 of 2014, 2378 of 2014 and 2380 of 2014 and they were produced before the learned Judicial Magistrate -II, Poonamallee, who remanded them to judicial custody under Sec. 167 Cr.P.C. At the request of the prisoners that they all be kept in Cuddalore, the learned Judicial Magistrate -II, Poonamallee passed orders on 21.01.2015 and 22.01.2015 directing the Superintendent of Prison, Central Prison, Puzhal to transfer the prisoners to Central Prison, Cuddalore. One of the orders passed by the learned Judicial Magistrate -II, Poonamallee is extracted:

(2.) Challenging the orders, this petition has been filed. This Court appointed Mr. S. Suresh as Amicus Curiae to assist. The answer to the question raised by the State is available in Sec. 29 of the Prisoners Act, 1900 as amended by the State of Tamil Nadu.

(3.) The State of Tamil Nadu has framed Prison Rules by virtue of the powers conferred under Sec. 39 of the Prisons Act, 1894. It may be apposite to quote Rule 568 and 570: