Murugan v. The Principal Secretary
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Sixteenth day of June Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice K.K.SASIDHARAN and The Hon`ble Mr.Justice B.GOKULDAS CRL MP(MD) No.4740 of 2016 IN HCP(MD) No.345 of 2016 MURUGAN ... PETITIONER Vs 1 THE PRINCIPAL SECRETARY TO GOVERNMENT, HOME PROHIBITION & EXCISE (IX) DEPARTMENT, FORT ST.GEORGE, SECRETARIAT, CHENNAI.
2 THE DISTRICT MAGISTRATE AND DISTRICT COLLECTOR, VIRUDHUNAGAR, VIRUDHUNAGAR DISTRICT 3 THE INSPECTOR OF POLICE SIVAKASI TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT ... RESPONDENT Prayer in Crl.MP(MD)No.4740 of 2016 in HCP(MD)No.345 of 2016 petition filed under Article 226 Constitution of India prayed that this Honourable Court may be direct in the 3rd respondent provide adequate police protection to the detenue Ramesh Pandi @ Aravind Ramesh Pandiyan at the time of bearing him to the Judicial Magistrate Court, Sivakasi from Borstal School, Pudhukottai for remanded extension pending disposal of the Hebeaus corpus petition.
Prayer in HCP(MD). 345/ 2016 :
Hebeas Corpus petition for under Article 226 of the Constitution of India, prayed that this Honourable Court may be Pleased to Issue of Writ in the nature of writ of Heabas corpus to call for the records pertaining to the order detertion passed by the 2nd respondent in proceedings Crl.MPNo.06/Goonda/2016 dated 04.03.2016 and set aside the same an direct the respondents to prodeuce the detenue Ramesh pandi@Aravind Ramesh Pandian son of Murugan aged about 21 years the time this Honourable Court confirmed in Borstal School pudukottai an set him at Liberty. Order : This HCP(MD)No.345 of 2016 coming on for hearing on this day Upon perusing the petition and the affidavit filed in support there of and upon hearing the arguments of M/S G.MARIMUTHU, Advocate
for the petitioner and of Mr.C.Ramesh Additional Public Prosecutor, appearing for the respondents.
(Order of the Court was made by K.K.SASIDHARAN,J) This petition is filed to direct the Inspector of Police, Sivakasi Town Police Station, to provide adequate police protection to the detenu, Ramesh Pandi @ Aravind Ramesh Pandiyan, while he is taken to the Judicial Magistrate Court, Sivakasi, for extension of remand.
2. The petitioner is the father of Ramesh Pandi @ Aravind Ramesh Pandiyan, accused in Crime No.707 of 2015 on the file of Sivakasi Town Police Station. He was subsequently detained by the competent authority, invoking the provisions of Tamil Nadu Act 14 of 1982. The son of the petitioner is now lodged in the Borstal School at Pudhukottai.
3. The petitioner apprehends that his son would be attacked by the members of a rival community, while producing him before the Judicial Magistrate Court, Sivakasi for extension of remand. The petitioner, therefore, seeks adequate police protection.
4. We have heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the respondents.
5. The son of the petitioner, by name, Ramesh Pandi @ Aravind Ramesh Pandiyan, is an accused in Crime No.707 of 2015. The limited request made by the petitioner is to give him protection whenever he is produced before the Judicial Magistrate Court, Sivakasi from Borstal School, Pudhukottai, for extension of remand.
6. The police has to give protection to the accused for his travel from Pudhukottai to Sivakasi, in connection with the remand. According to the petitioner, there is no video-conferencing facility available in the Borstal School at Pudhukottai and that is the reason for filing this application.
7. The Judicial Magistrate Court, Sivakasi, is directed to avail the video-conferencing facility, while extending the remand.
8. The Superintendent of Police, Pudhukottai District and Superintendent of Police, Virudhunagar District are directed to provide video-conferencing facility to the learned Judicial Magistrate, Sivakasi, for the purpose of extending the remand of the accused Ramesh Pandi @ Aravind Ramesh Pandiyan. It is the responsibility of the learned Judicial Magistrate, Sivakasi, to inform the Superintendent of Police at Pudhukottai and Virudhunagar District, well in advance to arrange the facility, so as to enable him to extend the remand on the date of posting.
9. This Miscellaneous Petition is disposed of with the above direction.
sd/- Assistant Registrar(P&T) / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE PRINCIPAL SECRETARY TO GOVERNMENT, HOME PROHIBITION & EXCISE (IX) DEPARTMENT, FORT ST.GEORGE, SECRETARIAT,CHENNAI.
2 THE DISTRICT MAGISTRATE AND DISTRICT COLLECTOR, VIRUDHUNAGAR, VIRUDHUNAGAR DISTRICT 3 THE INSPECTOR OF POLICE SIVAKASI TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT 4 THE JUDICIAL MAGISTRATE SIVAKASI.
5 THE SUPERINTENDENT OF POLICE, VIRUDHUNAGAR. 6 THE SUPERINTENDENT OF POLICE PUDUKOTTAI.
7 THE OFFICER INCHARGE, BORSTAL SCHOOL, PUDUKOTTAI. +1. C.C. to M/S G.MARIMUTHU Advocate SR.No.30873
ORDER
ORDER DATED:16.06.2016 CRL.MP(MD)NO.4740 OF 2016 HCP(MD)NO.345 OF 2016 Giving direction on the stated within.
SDR/ARK-PV/SARI/27.06.2016/3P/9C