Jeevakumari vs The State Rep. By
2025 Latest Caselaw 1053 Mad

Madras High Court

Jeevakumari vs The State Rep. By on 18 July, 2025

Author: M.S.Ramesh

Bench: M.S.Ramesh

                                                                                           H.C.P.No.1098 of 2025

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 18.07.2025

                                                               CORAM

                                 THE HONOURABLE Mr. JUSTICE M.S.RAMESH
                                                  AND
                            THE HONOURABLE Mr. JUSTICE V.LAKSHMINARAYANAN

                                                    H.C.P.No.1098 of 2025


                    Jeevakumari                                                           .. Petitioner

                                                                   Vs.

                    The State rep. by
                    1.The Deputy Inspector of Police
                    Q Branch, CID Kamarajar Road
                    Chennai 600 004

                    2.The Superintendent
                    Puzhal-I, Central Prison
                    Chennai 600 006                                                       .. Respondents

                              Petition filed under Article 226 of the Constitution of India, praying
                    for issuance of a writ of Habeas Corpus directing the respondents to release
                    the detenu Muthu @ Sammatti, S/o.Karupasamy, aged about 63 years,
                    convict prisoner, PID No.645627, detained at Central Prison, Puzhal-1.


                                   For petitioner            : Mr.S.Manoharan
                                   For respondents           : Mr.E.Raj Thilak
                                                               Additional Public Prosecutor

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                                                                                            H.C.P.No.1098 of 2025



                                                                 ORDER

(Made by M.S.RAMESH., J.)

Claiming that the petitioner's brother-in-law viz., Muthu @ Sammatti

S/o.Karuppasamy, has already undergone the sentence imposed by the

Sessions Court for Exclusive Trial of Bomb Blast Cases, Chennai @

Poonamallee, in the judgment rendered in S.C.No.6 of 2008 dated

24.05.2022, the petitioner seeks for a direction to release her brother-in-law

from confinement.

2. A perusal of the judgment passed in S.C.No.6 of 2008, we find that

the detenu has been sentenced to undergo the following imprisonments :

“The Accused No.9 Muthu @ Sammatti is found guilty as per the first charge u/s 120B of IPC and convicted and sentenced to undergo rigorous imprisonment for one year and imposed fine of Rs.10,000/- (Rupees Ten Thousand Only) and in default to pay the fine, the A9 Muthu @ Sammatti shall be imprisoned (simple imprisonment) for four months.

The Accused No.9 Muthu @ Sammatti is found guilty as per the third charge u/s 3(1)(a) of Foreigners Orders Act, 1948 read with section 14(A)(a) of Foreigners Act, 1946 and convicted and sentenced to undergo rigorous imprisonment for two years and imposed fine of Rs.10,000/- (Rupees Ten Thousand Only) and in default to pay the fine, the A9 shall be imprisoned (simple imprisonment) for four months.

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The Accused No.9 Muthu @ Sammatti is found guilty as per the fifth charge u/s 5 (a) r/w section 6 of Explosive substance Act, 1908 and convicted and sentenced to undergo rigorous imprisonment for one year and imposed fine of Rs.10,000/- (Rupees Ten Thousand Only) and in default to pay the fine, the A9 Muthu @ Sammatti shall be imprisoned (simple imprisonment) for four months and the above said sentences shall run concurrently. ... ...

The period of imprisonment already undergone by the Accused Nos.1,6,7,9 and 10 are ordered to be set off u/s.428 Cr.P.C. A1 and A9 are stayed at Special Camp, Chengalpattu shall be calculated for the purpose of set off.”

The period of imprisonment already undergone by the detenu was ordered to

be set off under Section 428 Cr.P.C. So also, the stay at Special Camp,

Chengalpattu was ordered to be calculated for the purpose of setting off in

the same judgment.

3. The learned Additional Public Prosecutor, on instructions, submitted

that the trial Court has passed the judgment on 24.05.2022, imposing the

aforesaid punishments. The detenu was already remanded for a period of 485

days, which requires to be set off. Likewise, the detenu was in the Special

Camp at Chengalpattu and Poonamallee for a total period of 911 days.

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4. While calculating the total set off period, we find that the petitioner

has already undergone the total sentence imposed by the trial Court. As such,

any further confinement of the detenu would be illegal. Accordingly, the

respondents are directed to forthwith release the detenu viz., Muthu @

Sammatti, S/o.Karupasamy, aged about 63 years, convict prisoner, PID

No.645627, who is detained at Central Prison, Puzhal-I.

With the above direction, this Habeas Corpus Petition stands allowed.

(M.S.R.,J.) (V.L.N.,J.) 18.07.2025 Index : Yes/No Neutral Citation : Yes/No gya

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To

1.The Sessions Judge Sessions Court for Exclusive Trial of Bomb Blast Cases Chennai @ Poonamallee

2.The Deputy Inspector of Police Q Branch, CID Kamarajar Road Chennai 600 004

3.The Superintendent Puzhal-I, Central Prison Chennai 600 006

4.The Public Prosecutor High Court, Madras

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M.S.RAMESH, J.

AND V.LAKSHMINARAYANAN, J.

gya

18.07.2025

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