Kutti Kumar vs The Superintendent Of Prison
2022 Latest Caselaw 848 Mad

                                                                         W.P(MD)No.20521 of 2021


                         BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED : 19.01.2022


                                                   CORAM:

                                  THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
                                                    and
                                  THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN


                                           W.P(MD)No.20521 of 2021


                 Kutti Kumar                                    ... Petitioner

                                                     Vs.

                 1.The Superintendent of Prison,
                   The Madurai Central Prison,
                   Madurai.

                 2.The Inspector of Police,
                   Rayappanpatti Police Station,
                   Theni District.
                   (Crime No.346 of 2004).                      ... Respondents

                 PRAYER: The Writ Petition filed under Article 226 of Constitution of India
                 praying to issue a writ of Mandamus, to direct the first respondent to set
                 off the remand prisoner from 24.09.2004 to 09.06.2005 in S.C.No.46 of
                 2006, on the file of the Additional District and Sessions Judge (Fast Track
                 Court No.4), Periyakulam further to calculate and include those days with
                 conviction sentence period under Section 428 of Criminal Procedure Code
                 in accordance with law within the time stipulated by this Court.




                 1/4

https://www.mhc.tn.gov.in/judis
                                                                             W.P(MD)No.20521 of 2021


                                  For Petitioner  : Mr.R.Alagumani
                                  For Respondents : Mr.S.Ravi
                                                    Additional Public Prosecutor

                                                     JUDGMENT

[Order of the Court was made by DR.G.JAYACHANDRAN,J.]

The present writ petition has been filed for a direction to the first

respondent to set off the remand period from 24.09.2004 to 09.06.2005 in

S.C.No.46 of 2006, on the file of the Additional District and Sessions Judge

(Fast Track Court No.4), Periyakulam.

2. The first respondent has filed counter affidavit, wherein, it is

stated that a letter addressed to the learned Additional District Judge, Fast

Track Court, Periyakulam requesting him to set off the remand period of

the petitioner from 24.09.2004 to 09.06.2005 and order in this regard is

awaited. On receipt of the order regarding the remand set off under

Section 428 Cr.P.C., appropriate action will be taken.

2.Recording the same, the writ petition is disposed of with a direction

to the learned Additional District Judge, Fast Track Court, Periyakulam to

verify the records and record the remand period of the petitioner for set off

https://www.mhc.tn.gov.in/judis W.P(MD)No.20521 of 2021

under Section 428 Cr.P.C., and pass appropriate orders within a period of

two weeks from the date of receipt of a copy of this order. No costs.

                                                                [S.V.N.,J.]     [G.J.,J.]
                                                                      19.01.2022
                 Index    : Yes / No
                 Internet : Yes / No
                 am

Note: Issue Order Copy on 19.01.2022

To

1.The Superintendent of Prison, The Madurai Central Prison, Madurai.

2.The Inspector of Police, Rayappanpatti Police Station, Theni District.

https://www.mhc.tn.gov.in/judis W.P(MD)No.20521 of 2021

S.VAIDYANATHAN, J.

and DR.G.JAYACHANDRAN, J.

am

W.P(MD)No.20521 of 2021

19.01.2022

https://www.mhc.tn.gov.in/judis