Mrs.S.Vijaya, v. The State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.08.2018
CORAM
THE HON'BLE DR.JUSTICE S.VIMALA AND THE HON'BLE MRS.JUSTICE S.RAMATHILAGAM H.C.P.NO.1390 OF 2018 S.Vijaya ....
Petitioner Vs
1. The State of Tamil Nadu rep.by its Principal Secretary to Government Home (Prison) Department, Tamil Nadu Government Chief Secretariat, Fort St.George Chennai - 600 009.
2. The Additional Director General of Police / Inspector General of Prisons, CMDA, Towers II No.1, Gandhi Irwin Road, Egmore, Chennai 600 008.
3. The Superintendent, Central Prison Palayamkottai, Tirunelveli District.
4. The Chief Superintendent of Jails Central Prison, Puducherry, Puducherry Government. ....
Respondents For Petitioner :
M/s.Ilayaraja Kandasamy For Respondents :
Mr.R.Prathap Kumar, Addl.Public Prosecutor - R1 to 3 Mr.Bharatha Chakravarthy Addl.Public Prosecutor (Pondicherry) - for R3 Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus directing the first respondent to consider the representation dated 02.05.2018 and direct to set off the pre-trial period of imprisonment undergone from 21.09.2003 till 24.12.2003 in Thirupuvanai Police Station, Pondicherry Crime No.169 of 2003 and set off the pre trial period of imprisonment undergone from 12.05.2008 till 10.06.2008 under Section 428 of Cr.P.C. as mentioned in the averments by the detenu Sivaraman, S/o Pandurangan, aged about 41 years, C.T.No.3142 now confined at Central Prison, Palayamkottai.
O R D E R
(Order made by Dr.S.VIMALA, J.) This H.C.P. has been filed by the petitioner, wife of the detenu Sivaraman, S/o Pandurangan, aged about 41 years, seeking relief of set off the pre-trial period of imprisonment undergone from 21.09.2003 till 24.12.2003 in Thirupuvanai Police Station, Pondicherry in Crime No.169 of 2003 and the imprisonment undergone from 12.05.2008 till 10.06.2008 under Section 428 of Cr.P.C.
2. In the supporting affidavit, it is stated that the petitioner's husband is a life convict (LCT No.3142 of 2014) who is serving his sentence in Central Prison, Palayamkottai in connection with Crime No.132 of 2000, Reddy Chavadi Police Station consequent to the trial conducted in S.C.No.230 of 2000 and the Chief Judicial Magistrate, Cuddalore imposed sentence of life imprisonment by the judgment dated 20.12.2002. It is further stated that the detenu was remanded to judicial custody from 21.09.2003 to 24.12.2003 (for a period of 3 months and 3 days) in Thirupuvanai Police Station in connection with the murder of one Murali in Crime No.169 of 2003, and he was acquitted in the said case by the learned II Additional Sessions Judge, Pondicherry in S.C.No.16 of 2006.
3. The detenu was again arrested as the sole accused in Hosur Police Station Crime No.400 of 2008 and was remanded to judicial custody to Central Prison, Salem on 12.05.2008, where he was detained for a period of 29 days till 10.06.2008 and was subsequently transferred to Central Prison, Palayamkottai. Thereafter, he has been serving his sentence for life imprisonment in connection to the conviction and sentence imposed in S.C.No.230 of 2000. It is the grievance of the petitioner that this period has not been included in the detention period.
4. We have heard the learned Additional Public Prosecutor representing respondents 1 to 3 and the learned Additional Public Prosecutor (Pondicherry) on behalf of the fourth respondent. Both of them have submitted that the period of pre trial detention period as stated by the detenu is correct. Section 428 Cr.P.C. permits consideration of this period in the period of detention undergone by the prisoner.
5. Considering the facts and cirumstances of the case on hand, we feel that the pre-trial period of detention as
discussed above, shall be included in the period of imprisonment already undergone by the detenu. With these directions, the H.C.P.is disposed of.
Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar To
1. The Principal Secretary to Government Home (Prison) Department, Tamil Nadu , Government Chief Secretariat, Fort St.George, Chennai - 600 009.
2. The Additional Director General of Police / Inspector General of Prisons, CMDA, Towers II,No.1, Gandhi Irwin Road, Egmore, Chennai 600 008.
3. The Superintendent, Central Prison, Palayamkottai, Tirunelveli District.
4. The Chief Superintendent of Jails,Central Prison, Puducherry, Puducherry Government.
+1cc to M/s.Ilayaraja Kandasamy, Advocate sr.no.52934 H.C.P.No.1390 of 2018 rsi(co) nr 19/09/2018