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2019 DIGILAW 2477 (MAD)

Sanga Sirantha v. State Rep By Its Home Secretary Government of Tamilnadu St. George Town Chennai

2019-09-19

N.ANAND VENKATESH, S.VAIDYANATHAN

body2019
ORDER : It is seen from the records that the learned Judicial Magistrate No.II, Ramanathapuram, was aware about the entire facts of the case when he passed the order of discharge in C.C.No.256 of 2019 on 13.08.2019. The learned Judicial Magistrate very well knew about the fact that the accused persons are being discharged only to enable them to be deported to Sri Lanka. When the learned Judicial Magistrate was aware about this fact while passing the order, the learned Judicial Magistrate ought to have mentioned in the order itself that upon discharge of the accused persons, the Superintendent of Prison, Puzhal, Chennai, should hand over the accused persons to the concerned Police to produce these accused persons before Sri Lankan Embassy and on completion of the paper work, both will be deported to Sri Lanka. It is not known as to why this crucial aspect has not formed part of the order. This Court, in its earlier order, dated 30.08.2019, has already commented that it is a cryptic order without any reasons. 2. We hereby call upon the learned Judicial Magistrate No.II, Ramanathapuram, to submit his explanation as to why he did not mention in the order about the handing over of the accused persons to the concerned Police who, in turn will hand over them to Sri Lankan Embassy. By not mentioning this important fact in the order, the Court itself has facilitated the escape of the accused persons against whom there are serious crimes pending in Sri Lanka. The report should reach this Court on or before 03.10.2019. The report shall also accompany the entire original records in the case and also despatch register showing the entry for sending the order from the Court to the Puzhal Prison. 3. Post the matters on 03.10.2019.