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IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
B. SIVA SANKARA RAO, J.
Viswanathan - Petitioner
Versus
The State of Andhra Pradesh, Rep. by its Public Prosecutor & Another - Respondents
Criminal Petition Nos.10318, 10319, 10320, 10330, 10331, 10410, 10411, 10466, 10468, 10489, 10490 & 10491 of 2018
Decided On : 21-12-2018
Criminal Procedure Code,1973 – Sections 167, 267,428,437 to 439 – Preventive detention order – Whether the person accused in several crimes, having been arrested during investigation by police according to law in one crime and produced therein within 24 hours and taken to Judicial custody and is in Jail as pre-trial prisoner, subject to Sections 167, 437 to 439 Cr.P.C, having been not asked by him or by the police concerned to issue P.T. Warrant for taking to judicial custody in all other crimes, is entitled to claim set-off of the period under section 428 Cr.P.C., in other crimes and when ? Further whether he is in deemed custody for purposes of Sections 437 to 439 Cr.P.C – Held, petitioner/accused entitled to the benefit of set off under Section 428 Cr.P.C. in future and in the event of completion of investigation and filing of charge sheet from any framing of charges and conducting trial with conviction and sentence of imprisonment from finding of guilty if any and as the case may be. It is made clear that besides the above, the Superintendent of Police and the concerned S.H.Os. among the respondents and for that matter, the Director General of Police, State of A.P., by virtue of this order, shall see that the petitioner is to be produced on P.T. warrants immediately after receipt of the warrant in all the crimes where so far he was not produced irrespective of he is entitled to bail or not and granted bail or not, unless released on bail and not in judicial custody.
Facts of the case:
Preventive detention order – Whether the person accused in several crimes, having been arrested during investigation by police according to law in one crime and produced therein within 24 hours and taken to Judicial custody and is in Jail as pre-trial prisoner, subject to Sections 167, 437 to 439 Cr.P.C, having been not asked by him or by the police concerned to issue P.T. Warrant for taking to judicial custody in all other crimes, is entitled to claim set-off of the period under section 428 Cr.P.C., in other crimes and when ? Further whether he is in deemed custody for purposes of Sections 437 to 439 Cr.P.C.
Findings of the court:
Petitioner/accused entitled to the benefit of set off under Section 428 Cr.P.C. in future and in the event of completion of investigation and filing of charge sheet from any framing of charges and conducting trial with conviction and sentence of imprisonment from finding of guilty if any and as the case may be. It is made clear that besides the above, the Superintendent of Police and the concerned S.H.Os. among the respondents and for that matter, the Director General of Police, State of A.P., by virtue of this order, shall see that the petitioner is to be produced on P.T. warrants immediately after receipt of the warrant in all the crimes where so far he was not produced irrespective of he is entitled to bail or not and granted bail or not, unless released on bail and not in judicial custody.
Result: Criminal Petitions Disposed of
1. The common Question involved in all matters is whether the person accused in several crimes, having been arrested during investigation by police according to law in one crime and produced therein within 24 hours and taken to Judicial custody and is in Jail as pre-trial prisoner, subject to Sections 167, 437 to 439 Cr.P.C, having been not asked by him or by the police concerned to issue P.T. Warrant for taking to judicial custody in all other crimes, is entitled to claim set-off of the period under section 428 Cr.P.C., in other crimes and when ? Further whether he is in deemed custody for purposes of Sections 437 to 439 Cr.P.C ?
2. The self-same accused by name Viswanathan of Thiruvannamalai District, Tamil Nadu State, moved all these petitions by showing the State of Andhra Pradesh, represented by its Public Prosecutor and the Superintendent of Police, YSR Kadapa District as respondents with self-same prayer in all the petitions to quash the endorsement dated 06.09.2018 returning the bail application of the petitioner and direct the learned District Judge, Kadapa to entertain the applications for bail treating the petitioner in deemed custody in the respective crimes viz.
(i) Crime No.117 of 2015 on the file of Chennur Police Station, (ii) Crime No.87 of 2017 on the file of Khajipet Police Station, (iii) Crime No.12 of 2017 of Veerapalli Police Station, (iv) Crime No.169 of 2016 of T.Sundupalli Police Station, (v) Crime No.127 of 2016 of Khajipet Police Station, (vi) Crime No.72 of 2016 of Khajipet Police Station, (vii) Crime No.107 of 2016 on the file of T.Sundupalli Police Station, (viii) Crime No.8 of 2016 on the file of Duvvur Police Station, (ix) Crime No.149 of 2017 of Nandalur Police Station, (x) Crime No.254 of 2015 of Duvvur Police Station,
(xi) Crime No.180 of 2016 of Railway Kodur Police Station,
(xii) Crime No.24 of 2017 of Nandalur Police Station and
(xiii) Crime No.34 of 2017 of Nandalur Police Station.
3. The factual matrix almost similar in all cases in nutshell are that the petitioner was originally arrested on 31.10.2017 in Crime No.148 of 2017 of Chitvel Police Station and subsequently on 02.01.2018 while in the judicial custody sent to the prison, he was granted regular bail on 02.01.2018. On 15.11.2017, the investigating officer of Chitvel Police Station was granted police custody in Crime No.148 of 2017 and based on the so called confession of the petitioner, he was implicated in other cases supra. Though he is in judicial custody in prison from arrest and remand within 24 hours from the time of arrest on 31.10.2017, but for interchangeable police custody supra, he was not produced before the concerned Magistrate by seeking prisoner transit warrants under Section 267 Cr.P.C. It is also alleged that based on the alleged confession statements of co-accused, he was added as accused in some more crimes making 21 in all where he was implicated as accused. Out of those, in 6 cases covered by crime No.28 of 2016 of Kodur Police Station, Crime No.378 of 2017 of Nandalur Police Station, Crime No.130 of 2017 of Chitvel Police Station, Crime No.148 of 2017 supra of Chitvel Police Station, Crime No.414 of 2017 of Kodur Police Station and Crime No.201 of 2017 of Obulavari Police Station he was granted bail, but for in other 15 cases viz Crime No.117 of 2015 of Chennur Police Station, Crime Nos.254 of 2015 and 8 of 2016 of Duvvur Police Station, Crime Nos.72 of 2016, 127 of 2016, 87 of 2017 of Khajipet Police Station, Crime No.27 of 2017 of Mydukur Police Station, Crime No.28 of 2016 of Kodur Police Station, Crime Nos.169 of 2016, 107 of 2016 of T.Sundupalli Police Station, Crime No.12 of 2017 of Veerapalli Police Station, Crime Nos.34 of 2017 and 149 of 2017 of Nandaluru Police Station, Crime No.186 of 2017 of Obulavaripalli Police Station and Crime No.180 of 2017 of Railway Kodur Police Station.
4. It is his contention in support of the further averments that even the petitioner moved bail applications before the
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