MUNISAMY Vs. SUPERINTENDENT CENTRAL PRISON SALEM

JUDGEMENT

(1.) THIS is a writ petition filed by one Munisamy for releasing his friend Subramani, who has been detained at the Central Jail, Salem as an approver in S.C.No.163 of 1985.

(2.) THE said Subramani was arrested on 19th January, 1984 and has been tendered pardon and taken as an approver. Under section 306(4) (b) Criminal Procedure Code, 1973, he has been detained in custody till the termination of the trial. In the Court of Session, he has been examined in part as P.W.1 on 12th December, 1985 and 20th December, 1985. THEreafter, his examination could not go on, as accused 2 and 4 absconded and made themselves scarce. THEse two accused have not been secured for a long time and hence the trial could not go on. It is represented by the learned Public Prosecutor that the fourth accused has now been secured very recently and that the second accused has yet to be secured. THE result is the approver is in detention for more than three years. His application for bail has been rejected by the Court below. After waiting for three long tedious years, this writ petition has been filed by his friend to secure his release.