Madras High Court
E.Peter vs The Superintendent on 15 June, 2022
Crl.O.P.No.22475 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.06.2022
CORAM:
THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA
KURUP
Crl.O.P.No.22475 of 2021
E.Peter ... Petitioner
Versus
1.The Superintendent
Central Prison
Puzhal II
Chennai.
2.The Superintendent
Central Prison
Palayamkottai.
3.The Inspector of Police
P-2, Egmore Police Station
Chennai. ... Respondents
PRAYER: Criminal Original Petition filed under Section 482 of the Code
of Criminal Procedure, to direct the first and second Respondents to set
off the imprisonment pre-trial period in Crime No.458 of 2010 on the file
1/6
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.22475 of 2021
of the third Respondent Police from 09.06.2010 to 27.11.2010 undergone
by the Petitioner in S.C.No.509 of 2010 order dated 03.12.2011 on the
file of the Learned VI Additional Sessions Judge, Chennai.
For Petitioner : Mr.S.Manoharan
For Respondents : Mr.L.Baskaran
Government Advocate (Crl.Side)
ORDER
This petition has been filed to direct the first and second
Respondents to set off the imprisonment pre-trial period in Crime No.458
of 2010 on the file of the third Respondent Police from 09.06.2010 to
27.11.2010 undergone by the Petitioner in S.C.No.509 of 2010, order
dated 03.12.2011 on the file of the Learned VI Additional Sessions Judge,
Chennai.
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.22475 of 2021
2. The Petitioner had filed this petition seeking to set off the
period of remand to be counted along with period of imprisonment /
period of sentence of conviction, enabling him for pre-mature release as
per G.O.(MS).No.488, Home (Prison-4) Department, dated
15.11.2021.
3. The Learned Government Advocate (Crl.Side) seeks time
to file counter.
4. The typed set of papers of the Petitioner contains the order
passed by the Learned Sessions Judge, in which, it had been stated that
the period already undergone on remand has not been taken into
consideration while passing the sentence of imprisonment. Also, the
Petitioner had filed a reply obtained by him from the Prison Authority,
Palayamkottai under Right to Information Act, therein also the date is
mentioned as period of remand before proceeding trial. Therefore, as
prayed by the Petitioner, the Petitioner is entitled to set off the earlier
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.22475 of 2021
period undergone in remand as per Section 428 of Cr.P.C, which is
extracted hereunder:-
“428. Period of detention undergone by the Accused
to be set off against the sentence of imprisonment:- Where
an Accused person has, on conviction, been sentenced to
imprisonment for a term, not being imprisonment in default
of payment of fine, the period of detention, if any,
undergone by him during the investigation, inquiry of trial
of the same case and before the date of such conviction,
shall be set off against the term of imprisonment imposed
on him on such conviction, and the liability of such person
to undergo imprisonment on such conviction shall be
restricted to the remainder, if any, of the term of
imprisonment imposed on him.”
5. In the result, this Criminal Original Petition is allowed.
The period of remand already undergone by the Petitioner in the pre-trial
period of imprisonment, i.e, from 09.06.2010 to 27.11.2010 in Crime
No.458 of 2010 on the file of the third Respondent Police, as per the
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.22475 of 2021
judgment of the Learned Sessions Judge in S.C.No.509 of 2010, dated
03.12.2011 on the file of the VI Additional Sessions Judge, Chennai, is
set off under Section 428 Cr.P.C.
15.06.2022
Index: Yes/No
Internet: Yes/No
dna
To
1.The VI Additional Sessions Judge, Chennai.
2.The Superintendent
Central Prison
Puzhal II
Chennai.
3.The Superintendent
Central Prison
Palayamkottai.
4.The Inspector of Police
P-2, Egmore Police Station
Chennai.
5.The Public Prosecutor,
High Court, Madras.
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.22475 of 2021
SATHI KUMAR SUKUMARA KURUP., J.
dna
Crl.O.P.No.22475 of 2021
15.06.2022
https://www.mhc.tn.gov.in/judis
