SHEETAL Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS Habeas Corpus Petition has been filed by one sheetal, daughter of one of the detenues, namely, Jagadesh, for and on behalf of her father and the following other detenues, namely, (1) Om Prakash, Son of ranjot Singh (2) Zaildarsingh, Son of Jagmal Singh (3) Ravindersingh, Son of premasingh (4) Rakesh, Son of Ramupal (5) Lakshman, Son of Kari and (6) Babulu, son of Kishnanlal.

(2.) ACCORDING to the petitioner, all the above said persons were arrested and remanded to judicial custody in Crime No. 451 of 2004, on the file of Velaveu Police Station, for offences under Sections 395, 397, 120-B r/w. 27 (2) of the Arms Act. It is stated in the petition that they were produced periodically before Tiruvallur Sessions Court and on 16. 3. 2007 they were not produced before the said Court. Therefore, the present Habeas Corpus Petition has been filed stating that detention beyond 16. 3. 2007 of the above said seven persons is illegal and violative of Article 21 of the Constitution and Section 309 of the Criminal Procedure Code and therefore, they should be set at liberty.

(3.) LEARNED Addl. Public Prosecutor has produced a copy of the wireless message, dated 16. 3. 2007, from the Superintendent, Central Prison, vellore, addressed to the Principal Sessions Court, Tiruvallur District, which reads as follows: - "i submit that the following convict & remand prisoners concerned in P. R. C. No. 40/2005 and Vellavedu Police Station Crime no. 451/2002 are to be produced before Hon'ble Court on 16. 3. 07. Due to Hon'ble Chief Minister of tamilnadu visit to Tiruvannamalai District entire police personnel engaged for bando bust duty escort not provided by the Armed Reserve, Vellore District from 16. 03. 2007 & 17. 03. 2007. Hence the above prisoner not able to produced before Hon'ble Court on 16. 03. 2007. The Chief Judicial Magistrate, Vellor e vide proceeding No. 1073/2007/hc, dated: 16. 03. 07 Judicial Magistrate, Vellore nominated to extend the remand period. "