Madras High Court
Karthik @ Aadhi @ Jeeva vs The State By Superintendent Of ... on 17 August, 2022
Crl.OP.No.5653 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.08.2022
CORAM:
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR
Crl.O.P. No.5653 of 2022
Karthik @ Aadhi @ Jeeva ... Petitioner
Vs.
The State by Superintendent of Prison,
Central Prison, Vellore – 2. ... Respondent
PRAYER: Criminal Original Petition filed under Section 482 of Criminal
Procedure Code, to issue a direction to the respondent to consider the legal
representation of the petitioner dated 04.03.2022 and directing the respondent
to implement the judgment in SPL.S.C.No.5 of 2014 [on the file of the Special
Court, NIA Cases at Puduchery] dated 04.02.2022 and run concurrent the
petitioner's sentence in SPL.S.C.No.5 of 2014 [on the file of the Special
Court, NIA Cases at Puduchery] with the petitioner's sentence in S.C.No.7 of
2017 [on the file of the Sessions Court for Exclusive Trial of Bomb Blast
Cases, Poonamallee, Chennai] and set off the petitioner's detention period.
For Petitioner : Mr.M.Radhakrishnan,
for P.Pugalenthi
For Respondent : Mr.E.Raj Thilak,
Additional Public Prosecutor
ORDER
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Crl.OP.No.5653 of 2022
This petition has been filed to direct the respondent to release the
petitioner, who is undergoing imprisonment for 8 years and 4 months.
2. The petitioner has been tried in S.C.No.5 of 2014 for the offences
under sections 120-B IPC read with Section 3 and 4 of Explosive Substances
Act, 1908, Sec.4 [a] of Explosive Substances Act, 1908, Section 16[1] [b],
18, 20 and 23 of Unlawful Activities [Prevention] Act 1967 and in S.C.No.7
of 2017 for the offences under sections 120B of IPC read with sections 124
[A], 15 read with 16[b], 18, 20 of Unlawful Activities [Prevention Act 1967
and Section 5[a] of Explosive Substances Act, 1908.
3. The petitioner is the 6th accused in S.C.No.5 of 2014 and S.C.No.7
of 2017. In S.C.No.7 of 17, the learned Special Judge by a judgment dated
30.01.2020, convicted the petitioner/6th accused for a period of 5 years
rigorous imprisonment. In S.C.No.5 of 2014, by judgment dated 04.02.2022,
the learned Special Judge convicted the petitioner/6th accused for 7 years
rigorous imprisonment. While convicting the petition for 7 years rigorous
imprisonment in S.C.No.5 of 2014, the period of detention already undergone
by the petitioner is Ordered to be set off under section 427 Cr.P.C. and has
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Crl.OP.No.5653 of 2022
passed a specific Order that all the sentences shall run concurrently under
section 427 of Cr.P.C. along with the sentence passed in Special S.C.No.7 of
2017 on the file of the Special Court, Bomb Blast Cases, Poonamallee, since
the conspiracy in all the three cases are from the same place. Further, the
learned Special Judge has held that though the accused have faced trial in two
different cases, the origin of conspiracy for both cases is one and the same.
4. It is also brought to the notice of this Court by the learned
Additional Public Prosecutor that pursuant to the Order passed by this Court
in Crl.O.P.No.3884 of 2022, dated 02.03.2022, SLP is pending.
4. It is relevant to note that petitioner has been originally remanded in
S.C.No.5 of 2014 on 06.05.2014 and in S.C.No.7 of 2007, he was remanded
on 08.05.2014, on the basis of a formal remand in that case. The petitioner is
undergoing imprisonment for more than 8 years. As the period of detention
already undergone by the petitioner is Ordered to be set off under section 427
of Cr.P.C. and sentences are Ordered to run concurrently in both cases under
section 427 Cr.P.C., the petitioner has to be set at liberty forthwith.
5. Accordingly, this Criminal Original Petition is allowed.
https://www.mhc.tn.gov.in/judis
Crl.OP.No.5653 of 2022
17.08.2022
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To,
1. The Superintendent of Prison,
Central Prison, Vellore – 2.
2. The Public Prosecutor,
High Court of Madras.
Note : Issue Order Copy on 18.08.2022
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Crl.OP.No.5653 of 2022
N. SATHISH KUMAR, J.
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Crl.O.P. No.5653 of 2022
17.08.2022
https://www.mhc.tn.gov.in/judis
