Madras High Court
P.Nalini vs The Superintendent Of Central ... on 30 June, 2022
H.C.P.(MD) No.1071 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 30.06.2022
CORAM:
THE HONOURABLE MR.JUSTICE P.N.PRAKASH
AND
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
H.C.P.(MD) No.1071 of 2022
P.Nalini ... Petitioner
-vs-
1. The Superintendent of Central Prison,
Madurai Central Prison,
Madurai.
2. The Inspector of Police,
Abiramam Police Station,
Ramanathapuram District. ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a
writ of habeas corpus directing the respondents to produce the body of detenu by
name Muthuramalingam S/o.Thavasi Thevar aged about 45 years, now confined
at Central Prison, Madurai, before this Court and set him at liberty.
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For Petitioner : Mr.Niranjan S.Kumar
for J.William Christopher
For Respondents : Mr.A.Thiruvadikumar,
Additional Public Prosecutor
ORDER
[Made by P.N.PRAKASH, J.]
This habeas corpus petition has been filed seeking to direct the respondents
to produce the body or person of the petitioner's husband viz., Muthuramalingam
S/o.Thavasi Thevar, aged about 45 years, before this Court and set him at liberty.
2. This habeas corpus petition raises an interesting conundrum, to decide
which, the following facts are essential.
2.1. For the sake of convenience, we would refer to the detenu by his name,
Muthuramalingam.
2.2. In connection with an incident of attempt to murder that took place on
28.04.2006, a case in Abiramam Police Station Crime No.53 of 2006 was
registered for various offences, including the offence under Section 307 IPC,
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H.C.P.(MD) No.1071 of 2022
against some accused, including Muthuramalingam. On the same day, an offence
of murder had occurred within the same police station limits and therefore, a fresh
case in Abiramam Police Station Crime No.54 of 2006 was registered for various
offences, including the offence under Section 302 IPC, against some accused
including Muthuramalingam.
2.3. After completing the investigation in both the crime numbers, the
Inspector of Police, Abiramam Police Station, filed two final reports before the
jurisdictional Magistrate. On the case being committed to the Court of Session,
Ramanathapuram District, the two cases were taken on file as S.C.No.27 of 2007
(Abiramam P.S. Crime No.54 of 2006) and S.C.No.28 of 2007 (Abiramam P.S.
Crime No.53 of 2006) and the same were made over to the Additional District
Sessions Court, (Fast Track Court), Paramakudi, Ramanathapuram District, for
trial.
2.4. It appears that, the learned Trial Judge conducted simultaneous trial in
both the Sessions cases and by two judgments, both dated 23.09.2020, convicted
and sentenced all the accused to various terms of imprisonment.
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H.C.P.(MD) No.1071 of 2022
2.5. As regards Muthuramalingam, in S.C.No.27 of 2007 (Abiramam P.S.
Crime No.54 of 2006), he was convicted of the offence under Section 302 IPC
and was sentenced to undergo life imprisonment, apart from his conviction and
sentence for other offences. Similarly, in S.C.No.28 of 2007 (Abiramam P.S.
Crime No.53 of 2006), Muthuramalingam was convicted and sentenced for
various offences, the maximum being for the offence under Section 307 IPC, in
which, he was convicted and sentenced to undergo imprisonment for seven years.
The Sessions Judge had directed that the sentences imposed in S.C.No.27 of 2007
(Abiramam P.S. Crime No.54 of 2006) and S.C.No.28 of 2007 (Abiramam P.S.
Crime No.53 of 2006) shall run concurrently.
2.6. On the day when the two judgments were pronounced by the Trial
Court, Muthuramalingam was on bail in both the cases. Therefore, on his
conviction and sentences, he was committed to the prison for undergoing the
same.
2.7. Challenging the convictions and sentences, Muthuramalingam
preferred Crl.A(MD).No.29 of 2021 against S.C.No.28 of 2007 (Abiramam P.S.
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H.C.P.(MD) No.1071 of 2022
Crime No.53 of 2006) and Crl.A(MD).No.27 of 2021 against S.C.No.27 of 2007
(Abiramam P.S. Crime No.54 of 2006) before this Court.
2.8. The appeal preferred by him in Crl.A(MD).No.29 of 2021 was
admitted by a learned Single Judge of this Court, but, suspension of sentence and
bail was refused.
2.9. Since, Muthuramalingam was convicted and sentenced for life
imprisonment in S.C.No.27 of 2007 (Abiramam P.S. Crime No.54 of 2006), his
appeal in Crl.A(MD).No.27 of 2021 came up before a Division Bench of this
Court and though the appeal was admitted, suspension of sentence and bail was
not granted to him by the Division Bench. However, when Crl.A(MD).No.27 of
2021 came up for final disposal before the Division Bench, a direction was issued
to tag Crl.A (MD).No.29 of 2021 along with Crl.A (MD).No.27 of 2021.
2.10. The connected appeals of the co-accused in both the cases, namely,
S.C.No.27 of 2007 (Abiramam P.S. Crime No.54 of 2006) and S.C.No.28 of 2007
(Abiramam P.S. Crime No.53 of 2006) were also tagged and heard by the
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H.C.P.(MD) No.1071 of 2022
Division Bench along with the appeals of Muthuramalingam.
2.11. The Division Bench, by judgment and order dated 29.04.2022,
allowed all the appeals of all the accused by holding that the accused in the cases
should have been tried in a single Sessions trial, as the offences in Abiramam
Police Station Crime Nos.53 of 2006 and 54 of 2006 were committed in the
course of the same transaction.
2.12. However, after allowing the appeals and setting aside the judgments
and orders of the Trial Court, the Division Bench has issued the following
directions:-
“19. Accordingly, all the criminal appeals will stand allowed
and the judgments in S.C.Nos.27 and 28 of 2007 on the file of the
Additional District Sessions Court, Paramakudi, Ramanathapuram
District, are set aside and both the sessions cases will stand remitted
to the trial Court for a joint trial with a direction to the trial Court to
conduct a joint trial of both the cases. Considering the fact that the
occurrence took place in the year 2006 and the trial was concluded
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H.C.P.(MD) No.1071 of 2022
in the year 2020, we direct the trial Court to complete the trial within
a period of three months from the date of receipt of the records from
this Court. It is made clear that the accused persons shall co-operate
with the trial Court in concluding the trial within the period fixed
above. The accused persons are at liberty to move the trial Court
seeking bail and the trial Court will consider the bail applications
sympathetically in the light of the fact that a re-trial has been
directed by this Court. If the trial Court finds that the appellants
adopt dilatory tactics, it will be open to the trial Court to ensure their
presence by recalling the bail orders and remanding them to custody
as pointed out by the Hon'ble Supreme Court in State of Uttar
Pradesh vs. Shambhu Nath Singh reported in AIR 2001 SC 1403.”
2.13. It is the grievance of Muthuramalingam that, after his appeals were
allowed by the Division Bench as stated above, he should have been released
from custody and his further detention in the prison for these two cases, namely,
Abiramam Police Station Crime Nos.53 of 2006 and 54 of 2006 is illegal and
therefore, he has filed the present habeas corpus petition.
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H.C.P.(MD) No.1071 of 2022
3. Heard Mr.Niranjan S.Kumar, learned counsel for the petitioner and
Mr.A.Thiruvadi Kumar, learned Additional Public Prosecutor for the respondents.
Mrs.M.Kalaivani, Inspector of Police, Abiramam Police Station, is present before
this Court.
4. Mr.Niranjan S.Kumar, learned counsel for the petitioner submitted that,
Muthuramalingam was on bail when the Trial Court convicted and sentenced him
on 23.09.2020 in S.C.Nos.27 and 28 of 2007; ex consequenti, when the
judgments and orders of the Trial Court were set aside by the High Court in
appeals, he should have been released from the prison, if not required in any other
case, set at liberty and thereafter, as directed by the Division Bench, he should
appear before the Trial Court and seek regular bail.
5. We find sufficient force in the submissions of Mr.Niranjan S.Kumar
inasmuch as, when the Trial Court judgments have been set aside by the High
Court and the matter having been remanded to the Trial Court again,
Muthuramalingam should have been put in the same position he was in as on
23.09.2020, when the Trial Court convicted and sentenced him.
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H.C.P.(MD) No.1071 of 2022
6. Admittedly, on 23.09.2020, Muthuramalingam was on bail in S.C.No.27
of 2007 (Abiramam P.S. Crime No.54 of 2006) and S.C.No.28 of 2007
(Abiramam P.S. Crime No.53 of 2006) and therefore, his further detention in
S.C.Nos.27 and 28 of 2007 from 29.04.2022, is illegal.
7. In view of the bar under Section 362 Cr.P.C., Muthuramalingam cannot
approach the Division Bench for modification of the directions issued in
paragraph No.19 extracted supra.
8. Mr.Thiruvadi Kumar, learned Additional Public Prosecutor, placed
strong reliance on the judgments of the Supreme Court in Serious Fraud
Investigation Office v. Rahul Modi & Another [(2019) 5 SCC 266] and Gautam
Navlakha v. National Investigation Agency, [(2021) SCC Online SC 382], and
submitted that, Muthuramalingam should have to seek bail.
9. However, we pointed out to Mr.Thiruvadi Kumar that,
Muthuramalingam is not in the prison now pursuant to an order passed either
under section 167 or 309 IPC, but is in the prison as a convict prisoner, based on
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H.C.P.(MD) No.1071 of 2022
the conviction warrant issued by the Trial Court for undergoing the sentence
imposed upon him on 23.09.2020. Therefore, on facts, Rahul Modi and Gautam
Navlakha (supra) would not apply to the case on hand.
10. In the result, this habeas corpus petition is allowed and the
Superintendent, Central Prison, Madurai, where Muthuramalingam (C.P.No.6013)
is lodged, is directed to release Muthuramalingam forthwith in S.C.No.27 of 2007
(Abiramam P.S. Crime No.54 of 2006) and S.C.No.28 of 2007 (Abiramam P.S.
Crime No.53 of 2006), if not required to be detained in any other case. It is
needless to state that, on such release, Muthuramalingam is required to comply
with the directions issued by the Division Bench in paragraph No.19 extracted
supra.
11. It is seen that, while granting bail to Muthuramalingam in Abiramam
Police Station Crime Nos.53 and 54 of 2006, the learned Single Judge of this
Court has imposed the following conditions:-
“(ii) the petitioner shall report before the trial Court on all
working days at 10.30 a.m. and on all hearing dates without fail;
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(iii) The petitioner shall not abscond either during
investigation or trial;
(iv) On breach of any of the aforesaid conditions, the learned
Magistrate/Trial Court is entitled to take appropriate action against
the petitioner in accordance with law as if the conditions have been
imposed and the petitioner released on bail by the learned
Magistrate/Trial Court himself as laid down by the Hon'ble Supreme
Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];”
12. Since we are putting Muthuramalingam in the place he was as on
23.09.2020, he is required to comply with the aforesaid bail conditions, under
which, he was granted bail in Abiramam Police Station Crime Nos.53 and 54 of
2006.
[P.N.P., J.] [R.V., J.]
30.06.2022
Index : Yes / No
Internet : Yes / No
pkn
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H.C.P.(MD) No.1071 of 2022
To:
1. The Superintendent of Central Prison,
Madurai Central Prison,
Madurai.
2. The Inspector of Police,
Abiramam Police Station,
Ramanathapuram District.
3. The Judicial Magistrate,
Kamuthi.
4. The Additional District Judge,
(Fast Track Court), Paramakudi,
Ramanathapuram District.
5. The Sessions Judge,
Ramanathapuram District.
6. The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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H.C.P.(MD) No.1071 of 2022
P.N.PRAKASH, J.
and
R.VIJAYAKUMAR, J.
pkn
H.C.P.(MD) No.1071 of 2022
30.06.2022
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