The main legal point established in the judgment is that the remand of an accused while on bail can only be done under specific provisions of the Cr.P.C., and the court must consider the issuance of P.T.Warrant during the hearings.

This revision is filed against the order, dated 14.08.2007, passed in Crl.M.P.No.80 of 2007 in S.C.No.140 of 2006 by the I Additional Sessions Judge, Krishnagiri, whereby the prayer of the petitioner for recalling the P.T.Warrant and releasing him from judicial custody and also for setting aside the remand order was rejected.

2. The facts in a nutshell are as under :

2. 1. On 06.07.2002, at about 08.20 p.m., at T.Nagar, Chennai Thiyagaraja Road, in front of Andhra Bank, one advocate, by name, Madanagopal was brutally shot dead by the accused by name Iqbal Mansuri from Madhya Pradesh, in pursuance of a conspiracy among the accused involved in the case. The said advocate was stated to have been defending the offenders, who were booked under the N.D.P.S.Act, in Madhya Pradesh. Totally, seven accused were on the array, who were reported to have hatched a conspiracy to physically eliminate the said Madanagopal. The present petitioner was originally ranked as third accused, who was said to have played an important role in hatching and implementing the conspiracy to silence the said Madanagopal.

2. 2. On the strength of a complaint lodged by one Arthi, daughter of the said Madanagopal, a case in Crime No.1234 of 2002 came to be registered on the file of the respondent Police station, for the offences under Sections 302 and 120-B IPC read with Section 27 (1) of The Arms Act, read with Section 109 IPC. Charge sheet was laid before the jurisdictional Magistrate Court, namely, XVII Metropolitan Magistrate Court, Chennai, and the case was taken on file in P.R.C.No.21 of 2003. In the meanwhile, the petitioner was released on bail by the said Magistrate.

2. 3. As per the orders of the Supreme Court, the case was transferred to the Court of Chief Judicial Magistrate No.I, Krishnagiri, and numbered as P.R.C.No.1 of 2005. There was also a direction by the Apex Court to the effect that the trial of the case should be expedited. Since A-2, A-4 and A-7 were continuously absconding and they could not be secured in spite of NBWs, the case was split up as regards them and the remaining case with the available accused inclusive of A-3, petitioner herein, was committed to the Principal Sessions Court, Krishnagiri, and the same was taken on file in S.C.No.140 of 2006, which has been made over to I Additional Sessions Court, Krishnagiri, and the same is pending disposal.

2. 4. While the petitioner was on bail, he was stated to have involved in the commission of offences under Sections 302 and 120-B read with 34 IPC in Maharashtra in Crime No.4 of 2005 on the file of Kolhapur Police Station and he was arrested and remanded to judicial custody.

3. Learned counsel for the petitioner has produced copies of the docket orders in P.R.C.No.1 of 2005 on the file of Chief Judicial Magistrate No.I, Krishnagiri, which show that there were six hearings from 12.07.2005 till 212. 2005 and the petitioner was absent for four hearings and his absence on those occasions was condoned on the petitions filed on his behalf, under Section 317 Cr.P.C. On 212. 2005, since he was absent, an NBW was issued against him, which was pending till the hearing on 06.06.2006. On 212. 2005, the fact of arrest of the petitioner was intimated to the Chief Judicial Magistrate, Krishnagiri, by means of a telegram sent by his advocate in Maharashtra. On 03.01.2006 and 06.01.2006 also, telegrams were sent on behalf of the petitioner, indicating the registration of Crime No.4 of 2005 and his being lodged in Kalamba Central Prison at Kolhapur (Maharashtra) by the jail authority.

4. The respondent filed a report before the Chief Judicial Magistrate, Krishnagiri, stating that since the petitioner was lodged in Kalamba Central Jail, Kolhapur, a P.T.Warrant might be issued to cause production of the accused, namely, the petitioner, before the Court.

5. Acting upon it, on 07.04.2006, the said Court issued an Official Memo to the Superintendent of Central Prison, Kalamba, for production