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2021 Supreme(Ker) 542

ASHOK MENON
STATE OF KERALA – Appellant
Versus
REPRESENTED BY THE DEPUTY SUPERINTENDENT OF POLICE, AMBALAPPUZHA SUB DIVISION, ALAPPUZHA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA – Respondent


Advocates Appeared:
For The Appellant : SRI.T.A.SHAJI, SHRI.P.NARAYANAN
For The Respondent: G.PRIYADARSAN THAMPI

ORDER :

The only question that arises for consideration in this petition filed by the State of Kerala, represented by the investigating officer in Crime No.164/2021 of Nedumudi Police Station, is whether the petitioner herein is entitled to police custody of the accused in the aforesaid Crime after the expiry of the first 15 days of remand on the ground that the application for police custody though filed in time, was not allowed because of the quarantine of the accused following their getting infected with COVID-19 virus during judicial custody. The crime is registered for offences punishable under Sections 324 and 302 read with Section 34 of the I.P.C. and under Section 3(2)(v) of the SC/ST Prevention of Atrocities Act, 1989. The investigation was transferred to the Deputy Superintendent of Police, Ambalappuzha.

2. The brief facts that led to the filing of the petition is thus:

Accused 1 to 4 in the aforesaid Crime were arrested on 13.04.2021 and remanded to judicial custody on the same day by the jurisdictional court. The next day was a holiday for Vishu and on 15.04.2021, the investigating officer had to appear before the District & Sessions Court, Kozhikode in connection with giv

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