produce them before the Magistrate at the time of seeking extension
of remand on the aforesaid six occasions rendered their detention in jail illegal ... impossible to
produce the accused before the Magistrate for seeking extension of remand, observed
:
".......... It is always open to either the prosecuting agency
accused for
trial or to pass the initial orders of remand/remand extension before the
case is committed. As the provisions of law make ... that the Judicial Magistrates
having the power of initial remand and remand extension up to 90 days shall
be construed to have the power
extension of remand. It cannot be gainsaid, that if the remanding Magistrate on the available facts before him, felt, that extension of remand ... question is whether the remand extension, without an application, was illegal and therefore subsequent extension of remand on 28.5.1993, though may be legal, cannot cure
lapse of 170 days of remand. When the respondent police has not filed the report seeking for the remand extension, there is no impediment ... matter did not extend the remand against the petitioners and granted bail. Merely because the report for remand extension was not filed
hearing like any other remand prisoner. As every remand prisoner is expected to be produced before a remand court any time during the sitting hours ... that a combined requisition for remand for all the accused in the case would be filed for their remand extension. There was no such representation
extended their period of remand upto 18.7.2014.
24. On 18.7.2014, The Investigation Officer/first respondent filed a remand extension report praying for extension of judicial ... whether there should be further remand, which may be either Police remand or judicial remand depending upon the facts and circumstances of the case
remand and both of them were remanded
to judicial custody by the first remand orders dated 11.03.2014 and
14.03.2014 respectively. Thereafter, their remand came ... produced for remand 14.03.2014. Both of them were
produced before the learned Judicial Magistrate, Melur for initial remand and
periodical remand extensions were also made
acceding to the remand extension prayer.
(b)For extension of remand none of the three
accused [three appellants before us] were produced
before the Sessions ... good enough for acceding to the remand
extension prayer.
(b)For extension of remand none of the
three accused [three appellants before us] were
produced
extension prayer.
https://www.mhc.tn.gov.in/judis
6/56
Crl.A.Nos.1317 and 1319 of 2022
(b)For extension of remand none ... good enough for acceding to the remand extension
prayer.
(b)For extension of remand none of the
three accused [three appellants before us] were
produced
seeking remand for 15 days
Remanded up to 02.02.2018
12
02.02.2018 seeking remand for 15 days
Remanded up to 07.02.2018
13
07.02.2018 seeking remand ... days
Remanded up to 20.02.2018
14
20.02.2018 seeking remand for 15 days
Remanded up to 22.02.2018
15
22.02.2018 seeking remand for 15 days
Remanded
