A. OCHU Vs. STATE THROUGH THE INSPECTOR OF POLICE

JUDGEMENT

(1.) HEARD the submissions made by Mr.J.Selvam, learned counsel for the revision petitioner and by Mr.P.Kandasamy, learned Government Advocate (Criminal Side) representing the respondent police. This court also perused the grounds of revisions, certified copies of the impugned orders and copies of the other connected papers filed in a typed set of papers.

(2.) THE present Criminal Revision Cases came to be filed by A.Ochu, who has been arrayed as Accused No.1 in crime No.56 of 2011 on the file of the Kurangani Police station, Bodinaickanur, Theni District, against the orders of the learned Judicial Magistrate, Bodinaickanur, remanding him to police custody in the said case and dismissing the petition of the revision petitioner to release him on bail.

(3.) PER contra, learned Government Advocate (Criminal Side) representing the respondent would contend that the revision petitioner himself chose to surrender before the learned Judicial Magistrate No.2, Usilampatti on 03.01.2011 in a murder case, crime number of which was not known to him; that on such surrender he was remanded to judicial custody in such unknown crime number for five days and was subsequently directed to be produced before the learned Judicial Magistrate, Bodinaickanur on 7.10.2011 as he figured as an accused in crime No.56 of 2011 of Kurangani Police Station; that when the revision petitioner was thus produced before the learned Judicial Magistrate, Bodinaickanur for being remanded in crime No.56 of 2011, police wanted custody of the revision petitioner to be given to them for custodial interrogation in crime No.56 of 2011 on the file of the Kurangani Police Station; that though the said case had been registered for an offence under section 363 IPC alone, the police wanted to make custodial interrogation since the revision petitioner had chosen to surrender before the learned Judicial Magistrate No.2, Usilampatti, in an unknown crime number for an offence under section 302 IPC and that in the light of the said circumstances, no defect or infirmity could be found in the order of the judicial Magistrate, Bodinaickanur, remanding the revision petitioner to police custody.