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2018 Supreme(AP) 736

B.SIVA SANKARA RAO
Viswanathan – Appellant
Versus
State of Andhra Pradesh, Rep. by its Public Prosecutor – Respondent


Advocates Appeared:
For the Petitioner:S. Dushyanth Reddy, Advocate

ORDER :

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.

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