TITLE: Pratik Vs. The State Represented by, The Inspector of Police.
Decided On: September 7, 2023.
Crl.O.P No.19648 of 2023.
CORAM: Hon’ble Mr. Justice N. Anand Venkatesh.
Facts:
The petitioner is an accused in Crime No.234 of 2022 and he was arrested and remanded to judicial custody on 13.01.2023. The petitioner filed a petition before the Court below by relying upon Rule 815 of the Tamil Nadu Prison Rules, 1983, seeking for ‘A’ Class facility. The petitioner is a B.E. graduate and he has also specifically stated that he is accustomed to a superior mode of living. The Court below dismissed the petition. Aggrieved by the same, the present petition has been filed before this Court.
Legal Analysis and Decision:
The Court looked in to the Rule 815 of the Tamil Nadu Prison Rules, 1983, it is seen that such status is given to the prisoners only based on the education and habit of life to which the concerned prisoner is accustomed to and that such prisoner is used to a superior mode of living. The Court below was satisfied with the first condition insofar as educational qualification is concerned. When it came to the second condition, the Court below went into the merits of the case and found that the petitioner was a prisoner, who failed to repay a huge amount of money to the de facto complainant. In the considered view of this Court, the concerned Rule does not anywhere require the Court to go into the merits of the case. The petitioner must show that he was accustomed to a superior mode of living. The Court below did not go into this issue at all and the petition was rejected more on the ground of the conduct of the petitioner in the alleged crime. The petitioner is directed to produce materials before the Court below to substantiate that he is accustomed to a superior mode of living. The Court below, on being satisfied with the same, shall direct the prison authorities to provide ‘A’ Class prison facility to the petitioner. This process shall be completed within a period of one week from the date of receipt of a copy of this order.
Conclusion:
The Court held that the matter is remanded back to the file of learned Metropolitan Magistrate for exclusive trial of CCB/CBCID cases, Egmore, Chennai. The petitioner is directed to produce materials before the Court below to substantiate that he is accustomed to a superior mode of living.
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JUDGEMENT REVIEWED BY JANGAM SHASHIDHAR.
