S. Mohankumar vs The State Represented By on 25 July, 2017

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Madras High Court

S. Mohankumar vs The State Represented By on 25 July, 2017

Bench: M.S. Ramesh

        

 
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.07.2017
CORAM
THE HONOURABLE MR. JUSTICE M.S. RAMESH
CRL.O.P.No. 13616 of 2017


S. Mohankumar								...Petitioner

Vs

1.  The State represented by
     Inspector of Police,
     Central Crime Branch Team-32,
     Chit Fund and Kanduvatti
     32nd Team, Chennai.
    (Crime No. 164 of 2017)

2.  The Superintendent of Prison,
     Puzhal -II
     Chennai.								    ...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to set aside the order dated 05.07.2017 passed in Crl.MP. No. 1942 of 2017 on the file of the learned Metropolitan Magistrate, For Exclusive Trial of CCB Cases (relating to cheating cases in Chennai) and CBCID Metro Cases, Chennai and direct the 2nd respondent to provide Aclass facility to the petitioner as per Rule 227 of the Tamil Nadu Prisons Rules.
			For Petitioner	: M/s.Hasan Mohammed Jinnah
			For Respondents 	: Mr.P.Govindarajan
						  Additional Public Prosecutor

*****

O R D E R

The prayer sought for in this petition is to set aside the order of the trial Court dated 05.07.2017 passed in Crl.MP. No. 1942 of 2017 and direct the 2nd respondent to provide Aclass facility to the petitioner as per Rule 227 of the Tamil Nadu Prisons Rules.

2. Admittedly, the G.O. Ms. No. 1273, Prohibition and Excise (XII) Department, dated 13.10.1986 will not be applicable to the detenue under Tamil Nadu Act 14 of 1982, to claim facilities for special class prisoner.

3. In view of the same, the petitioner's request to consider for special class facilities is liable to be rejected.

4. Accordingly, the criminal original petition stands dismissed. However, the petitioner is granted liberty to approach the 2nd respondent seeking for similar relief if he aggrieved.

25.07.2017 Index: Yes/No Internet: Yes/No ak To

1. The Inspector of Police, Central Crime Branch Team-32, Chit Fund and Kanduvatti 32nd Team, Chennai.

2. The Superintendent of Prison, Puzhal -II Chennai.

3. The Public Prosecutor, High Court, Madras.

M.S.RAMESH. J., ak CRL.O.P.No.13616 of 2017 25.07.2017

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