Madras High Court
Soundarajan vs The Superintendent Of Police on 2 January, 2023
Crl.OP.No.32204 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.01.2023
CORAM
THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN
Crl.O.P.No.32204 of 2022
Soundarajan ... Petitioner
Vs.
1.The Superintendent of Police,
Central Prison,
Coimbatore - 641 08.
2. The Inspector of Police,
Sivagiri Police Station,
Sivagiri, Erode District. ... 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
15.02.2017 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 District .
For Petitioner : M/s.K.Akshaya
For Respondents : Mr.S.Santhosh
Government Advocate(Crl.side)
1/5
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Crl.OP.No.32204 of 2022
ORDER
This Criminal Original Petition has been filed to set off the imprisonment
period from 10.06.2014 to 15.02.2017 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 District .
2. It is seen from the judgment passed in S..C.No.78 of 2014 that the
petitioner is the 2nd accused in this case. The petitioner was convicted for the
offence under Sections 120(B) read with Section 302 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
imprisonment and for the offence under Section 302 of IPC, to undergo Life
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Crl.OP.No.32204 of 2022
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 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 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 imprisonment and for the offence under Section
201(part -1) of IPC, to undergo 7 years of 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 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
15.02.2017 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.32204 of 2022
4. Accordingly, this Criminal Original Petition is disposed of.
02.01.2023
Internet : Yes / No
Index : Yes / No
Speaking / Non Speaking order
Sma
To
1.The Superintendent of Police,
Central Prison,
Coimbatore - 641 08.
2. The Inspector of Police,
Sivagiri Police Station,
Sivagiri, Erode District.
3.The Public Prosecutor,
High Court of Madras, Chennai.
https://www.mhc.tn.gov.in/judis
Crl.OP.No.32204 of 2022
G.CHANDRASEKHARAN,J.
Sma
Crl.O.P.No.32204 of 2022
02.01.2023
https://www.mhc.tn.gov.in/judis
