Mani @ Manikandan @ C.D.Mani v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.8.2015 Coram THE HONOURABLE MR. JUSTICE B. RAJENDRAN Crl.R.C. No.873 of 2015 Mani@Manikandan @ C.D.Mani .. Petitioner/Accused

Versus

State Rep.by The Inspector of Police J-2, Adyar Police Station Chennai .. Respondent/Complainant Revision Petition filed under Section 397 read with Sec.401 of Cr.P.C. against the Order dated 17.8.2015 passed in Crl.MP No. 2097 of 2015 in Crime No.2229 of 2015 on the file of the learned IX Metropolitan Magistrate, Saidapet.

For Petitioner :

Mr. V.Devendhiran For Respondent :

Mr. V.Arul Government Advocate (Crl.side)

ORDER

The petitioner has come forward with this revision petition questioning the correctness of the order dated 17.8.2015 passed in Crl.MP No.2097 of 2015 in Crime No. 2229 of 2015 on the file of the IX Metropolitan Magistrate at Saidapet. In and by the said order dated 17.8.2015, a custodial interrogation has been ordered by the Court below.

2. According to the petitioner, there is no need of custodial interrogation and the Court below has passed the order without merits. According to the petitioner, the grounds raised by the respondent police in the custody application are highly insufficient to grant custody of the petitioner. Therefore, the learned counsel for the petitioner prays that the revision has to be allowed.

3. The learned counsel for the petitioner submitted that the petitioner apprehends that he will be beaten up by the police under the guise of interrogation.

4. The learned Government Advocate appearing for the respondent submitted that the respondent police has already taken the petitioner for interrogation and the same will be over today and the petitioner will be handed over to the judicial custody today itself. The learned Government Advocate further submitted that the accused has also taken the assistance of the Advocate for one hour during the course of investigation.

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5. Recording the submission made by the learned Government Advocate that already police custody is over and the respondent is going to handover the petitioner to the judicial custody today itself, no order is required in this revision at this stage. Sd/- Asst.Registrar (CS V ) /true copy/ Sub Asst. Registrar ga To

1. The IX Metropolitan Magistrate, Saidapet, Chennai.

2. The Public Prosecutor, High Court, Madras

3. The Inspector of Police, J2, Adyar Police Station, Chennai.

+1 cc to M/s.V.Devendhiran, Advocate, sr.44229. Crl.RC No.873 of 2015 rsi co kra 8/9 https://hcservices.ecourts.gov.in/hcservices/