ORDER :

S.NAGAMUTHU, J.

In every "arrest" there is "custody", but not vice versa. Whether in every "formal arrest" there is "custody", as embodied in Article 22(2) of the Constitution of India and Section 57 of the Code of Criminal Procedure, is the interesting issue involved in this Criminal Original Petition.

2. The respondents herein are the accused in Crime No.27 of 2011, on the file of the Anti Land Grabbing Special Cell, City Crime Branch, Trichy, for offences punishable under Sections 147, 148, 365, 307, 427, 294(b) and 506(ii) IPC r/w Section 3 of PPDL Act. Apart from the same, they have been arrayed as accused in two other cases, in Crime Nos.24 of 2011 and 26 of 2011, on the file of the very same police. In the cases, in Crime Nos.24 of 2011 and 26 of 2011, the respondents were arrested and on the orders of remand passed by the learned Judicial Magistrate No.IV, Trichy, they were detained in the prisons in Cuddalore, Palayamkottai and Salem, respectively.

3. While so, in connection with Crime No.27 of 2011, the petitioner/Investigating Officer effected "formal arrest" of the first respondent, on 03.10.2011, at 9.00 a.m. in the prison. Similarly, he effected formal arrest of t