LAWS(MAD)-1996-3-129

DHANASEKARAN Vs. STATE

Decided On March 18, 1996
DHANASEKARAN Appellant
V/S
STATE REPRESENTED BY INSPECTOR OF POLICE, "Q" BRANCH POLICE, TANJORE DISTRICT Respondents

JUDGEMENT

(1.) THE prayer in this petition is for issue of a habeas directing the respondent herein, who is the Inspector of Police, "Q" Branch Police, Tanjore District, to produce Velmurugan alias Selvam before this Court, so that he could so set at liberty from illegal detention.

(2.) IN the affidavit sworn to by the petitioner, who in the brother of the detenu, he has stated that the detenu has been falsely implicated in a prosecution relating to offences punishable under Sec.3 of Prevention of Damages to Public Properties Act and Sec.5 of Explosive Substances Act. Detenu was arrested on 15.9.1995 and remanded to judicial custody without any incriminating material. Thereafter, remand of the detenu was extended from time to time mechanically without application of mind, when he was produced before Judicial Magistrate No. II, Kumbakonam. On 28.11.1995, the said Magistrate while extending the remand, observed that the detenu would be produced before the Court of Session, Tanjore, on the next date of hearing. However, the detenu was not produced before any court after 28.11.1995 and hence detention beyond 13.12.1995 is illegal and violative of Art.21 of the Constitution of INdia. Petitioner has further stated in his affidavit that no Magistrate can competently authorise detention beyond 15 days at a time under Sec. 167 or under Sec.309 of the Code of Criminal Procedure and hence the detention will have to be struck down as illegal.

(3.) WE have heard in very great detail Mr.R. Sankara Subbu, petitioner's learned counsel, and Mr.B. Sriramulu, learned Public Prosecutor. A few decided cases were cited before us by Mr.R. Sankara Subbu which we will mention in passing, for most of them do not relate to the issue involved in this habeas corpus petition. In his turn, Mr.B. Sriramulu, learned Public Prosecutor, has referred to certain decided cases, which we will consider at the appropriate time.