STATE BY INSPECTOR OF POLICE Vs. VINOTH KUMAR

JUDGEMENT

(1.) This petition has been filed to set aside the order dated 23.10.2019 made in CMP No.6202 of 2019 in Crime No.27 of 2019 passed by the learned Judicial Magistrate-I, Kanchipuram and to grant custody of the respondent/accused for 5 days for interrogation by the investigating officer.

(2.) The learned State Public Prosecutor would submit that the petitioner was arrested and remanded on 17.10.2019 and the application seeking for police custody was made on 22.10.2019 for a period of 7 days which was rejected on 23.10.2019. A copy application was made on 24.10.2019 and the order passed came to be challenged before this Court on 25.10.2019 itself. In view of the pendency of the criminal original petition, 15 days period described under Section 167 of Cr.P.C. may not be adhered to, from the date of remand, in view of the pendency of this proceedings.

(3.) The learned Senior Counsel for the respondent put forth his objections on the following two contentions: