SEKAR REPORTER

Court News from Madras High Court

MR. JUSTICE N.ANAND VENKATESH Crl.O.P.Nos.18040 and 14411 of 2020 M.Kishore, S/o.Murugan. … Petitioner in both Crl.O.Ps. Vs. The Inspector of Police, Kaaramadai Police Station, Coimbatore District. (Crime No.132 of 2019) …

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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.01.2020
CORAM
THE HON’BLE MR. JUSTICE N.ANAND VENKATESH
Crl.O.P.Nos.18040 and 14411 of 2020
M.Kishore,
S/o.Murugan. … Petitioner
in both Crl.O.Ps.
Vs.
The Inspector of Police,
Kaaramadai Police Station,
Coimbatore District.
(Crime No.132 of 2019) … Respondent
in Crl.O.P.No.18040/2020
The Inspector of Police,
Periyanaayakkan Paalaiyam Police Station,
Coimbatore District. … Respondent
(Crime No.328 of 2019) in Crl.O.P.No.18040/2020

Crl.O.P.No.18040 of 2020: Criminal Original Petition filed under Section
482 Cr.P.C., to call for the records of the remand order dated 26.06.2020 on
the file of the learned Judicial Magistrate Court, at Mettupalayam pending
trial in C.C.No.166 of 2020 in Crime No.132 of 2019 on the file of the
respondent police and set aside the same.
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Crl.O.P.No.14411 of 2020: Criminal Original Petition filed under Section
482 Cr.P.C., to call for the records of the remand order dated 21.08.2020 on
the file of the learned V Judicial Magistrate Court, at Coimbatore in Crime
No.328 of 2019 on the file of the respondent police pending investigation
and set aside the same.
For Petitioner in
Crl.O.P.No.18040/2020 : Ms.S.Suriyakala
Crl.O.P.No.14411/2020 : Mr.B.Thiyagarajan
For Respondents : Mr.C.Raghavan
in both Crl.O.Ps. Government Advocate (Crl.side)
O R D E R
The issue involved in both the cases are common and hence they are
taken up together, heard and disposed of through this common order.
2.The petitioner has been arrayed as A1 in Crime No.132 of 2019
(Crl.O.P.No.18040 of 2020) and Crime No.328 of 2019 (Crl.O.P.No.14411
of 2020). The petitioner has several cases filed against him and he was in
judicial custody in some other case. The respondent Police in both the cases
effected a formal arrest through Prisoner on Transit Warrant (in short P.T.
Warrant) on 03.04.2020 in Crl.O.P.No.18040 of 2020 and on 11.05.2020 in
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C.C.No.1443 of 2020, shall commence the proceedings immediately and
shall dispose of the cases within a period of three months from the date of
receipt of copy of this order and;
(f)The trial shall be conducted on a day to day basis in accordance
with the guidelines given by Hon’ble Supreme Court reported in Vinod
Kumar Vs State of Punjab [2015 (1) MLJ (Crl) 288 SC]. If the petitioner
adopts any dilatory tactics, it is open to the Court below to insist upon the
presence of the petitioner and remand him to custody as per the
judgment of the Hon’ble Supreme Court in State of Uttar Pradesh Vs.
Shambhu Nath Singh (JT 2001 (4) SC 3191).
06.01.2021
Note: Upload order copy by 11.01.2021.
Speaking order/Non-Speaking order
Index :Yes
Internet:Yes
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