S. Tamilvanan, J.

1. This petition has been filed under Article 226 of the Constitution of India, seeking an order in the nature of Habeas Corpus, directing the respondent to produce the petitioner's sons and his family friends, viz., Thiruselvam, son of Raman, aged about 32 years, Kalailingam, son of Raman, aged about 33 years, Thangaraj @ Thamilarasan, son of Mani, aged about 38 years and Kaviyarasan, son of Ganesan, aged about 29 years, who are now confined in the Central Prison, Madurai and set them at liberty.

2. The case of the petitioner is that he is the father of the detenus 1 and 2, viz., Thiruselvam, aged about 32 years, Kalailingam, aged about 33 years and relative of the detenus 3 and 4, viz., Thangaraj @ Thamilarasan, son of Mani, aged about 38 years and Kaviyarasan, son of Ganesan, aged about 29 years. It is further stated by the petitioner that his son/the first detenu herein was arrested by the Q-Branch Police, Melur along with his relatives, Thangaraj @ Thamilarasan and Kaviyarasan in connection with the case in Cr.No.47/2014 registered by the Othakadai Police Station, Madurai and they were remanded to the judicial custody on 11.02.2014 by the learned Judicial Magistrate, Melur. On 13.03.2014, the 2nd detenu/the petitioner's son Kalai @ Kalailingam was arrested by the Q-Branch CID Police in connection with the same case and he was remanded to judicial custody by the learned Judicial Magistrate, Melur on 14.03.2014. All the detenus are now confined in the Central Prison, Madurai.

2[a]. The petitioner's further case is that a case came to be registered by the Odiansalai Police Station, Puducherry in Cr.No.25/2014 u/s.4 of the Explosives Substances Act, 1908, against some unknown persons and the said case was transferred to the National Investigation Agency, Hyderabad/the 1st respondent herein. On 03.04.2014, the 1st respondent herein made a formal arrest of the petitioner's sons and relatives, who are confined in the Central Prison, Madurai, in connection with the case in Cr.No.25/2014 and on 09.04.2014 the detenus were produced under P.T.Warrant before the learned Principal Sessions Judge / Special Court for NIA, Puducherry and were remanded to judicial custody in RC.No.01/2014/NIA/HYD u/s/307 IPC, section 4 of the Explosives Substances Act, 1908 and sections 16 and 18 of the Unlawful Activities [Prevention] Act, 1967.

2[b]. The petitioner states that the detenus are in judicial custody for more than 90 days and the first respondent has not filed any charge sheet before the concerned court at Puducherry and the period of 90 days expired on 07.07.2014. The bail application filed by the detenus in Crl.MP.No.Nil of 2014 u/s.167[2] Cr.P.C., seeking statutory bail, before the Special Court, Puducherry, was returned by the learned Judge concerned on 11.07.2014, even before the numbering of the same. Hence, the petitioner has approached this Court by way of filing of the above petition on the ground of the illegal detention of the detenus beyond the period of 90 days.

3. The learned counsel for the petitioner would submit that the aforesaid detenus were kept under illegal detention even after the expiry of the statutory period, of 90 days and no report seeking extension of time being filed by the learned Public Prosecutor in the case. He would also submit that a report was filed only after the expirty of 90 days and that too, by the Investigating Officer and not by the learned concerned Public Prosecutor, which is not legally sustainable and hence, the detention of the detenus has to be construed only as an illegal detention.

4. Learned counsel for the petitioner would submit that the court concerned can extend the judicial custody of the detenus beyond the period of 90 days, only when the first proviso to section 43D of the Unlawful Activities [Prevention] Act, 1967 is satisfied, viz., [a]only the Public Prosecutor has to file a report before the court concerned indicating the progress of the investigation and the