Madras High Court
Sathish Kumar vs The Superintendent Of Prison on 3 January, 2023
Crl.OP.No.32327 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.01.2023
CORAM
THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN
Crl.O.P.No.32327 of 2022
Sathish Kumar ... Petitioner
Vs.
The State represented by its:
1.The Superintendent of Prison,
Central Prison,
Coimbatore 641 018.
2.The Inspector of Police,
Sivagiri Police Station,
Sivagiri, Erode District.
Crime No.279 of 2012 ... Respondents
PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C.,
to direct the respondent to set off the imprisonment period from 10.06.2014 to
08.06.2016 already undergone by the petitioner in S.C.No.78 of 2014 in Crime
No.279 of 2012 on the file of the learned Additional Sessions, Magalir Neethi
Mandram ( Fast Track Mahila Court) Erode, Erode District .
For Petitioner : Mr.S.Manoharan
For Respondents : Mr.S.Santhosh
Government Advocate(Crl.side)
1/4
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Crl.OP.No.32327 of 2022
ORDER
This Criminal Original Petition has been filed to direct the respondents to
set off the imprisonment period from 10.06.2014 to 08.06.2016 already
undergone by the petitioner in S.C.No.78 of 2014 in Crime No.279 of 2012 on
the file of the learned Additional Sessions, Magalir Neethi Mandram ( Fast
Track Mahila Court) Erode, Erode District .
2. It is seen from the judgment passed in S.C.No.78 of 2014 that the
petitioner is the first accused in this case. The petitioner was convicted for the
offence under Sections 120(B) read with Section 302 of IPC, to undergo life
imprisonment with fine Rs.10,000/- in default of payment of fine, to undergo
further period of 2 years of simple imprisonment and for the offence under
Section 120(B) read with Section 392 of IPC, to undergo 10 years of rigorous
imprisonment with fine Rs.10,000/- in default of payment of fine, to undergo
further period of 2 years of simple imprisonment and for the offence under
Section 364 of IPC, to undergo life imprisonment with fine Rs.10,000/- in
default of payment of fine, to undergo further period of 2 years of simple
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Crl.OP.No.32327 of 2022
imprisonment and for the offence under Section 302 read with 34 of IPC, to
undergo life imprisonment with fine Rs.10,000/- in default of payment of fine,
to undergo further period of 2 years of simple imprisonment and for the offence
under Section 392 of IPC, to undergo 10 years of rigorous imprisonment with
fine Rs.10,000/- in default of payment, to undergo further period of 2 years of
simple imprisonment and for the offence under Section 201(part-1) of IPC, to
undergo 7 years of rigorous imprisonment with fine Rs.10,000/- in default of
payment of fine, to undergo further period of 2 years of simple imprisonment.
There is a specific order in judgment of the learned Judge that the period of
detention already undergone by the accused is to be set off under Section 428 of
Cr.P.C.
3. Therefore, it is not necessary to give any specific directions in this
regard. If the petitioner had really undergone imprisonment from 10.06.2014 to
08.06.2016 in S.C.No.78 of 2014, he is certainly entitled for set off under
Section 428 of Cr.P.C..
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Crl.OP.No.32327 of 2022
G.CHANDRASEKHARAN,J.
shk
4. Accordingly, this Criminal Original Petition is disposed of.
03.01.2023
Internet : Yes / No
Index : Yes / No
Speaking / Non Speaking order
shk
To
1.The Superintendent of Police,
Central Prison,
Coimbatore - 641 018.
2. The Inspector of Police,
Sivagiri Police Station,
Sivagiri, Erode District.
3.The Public Prosecutor,
High Court of Madras, Chennai.
Crl.O.P.No.32327 of 2022
https://www.mhc.tn.gov.in/judis
