Madras High Court
Leema Rose vs The Inspector Of Police on 29 February, 2024
Author: N.Anand Venkatesh
Bench: N. Anand Venkatesh
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.02.2024
CORAM
THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH
Crl.O.P.No.3196 of 2024
Leema Rose ... Petitioner
Vs.
1.The Inspector of Police,
Auriville Police Station.
(Crime No.310 of 2003)
2.The Superintendent of Police,
Central Prison,
Cuddalore. ... Respondents
PRAYER: Criminal Original Petition is filed under Section 482 of the Code of
Criminal Procedure, to set aside the order passed in Crl.M.P.No.207 of 2021 in
S.C.No.7 of 2012 on the file of the I Additional District and Sessions Judge,
Tindivanam dated 13.12.2021 and direct the 2nd respondent to make the entry of
324 days in between conviction and date of released on suspension of sentence.
For Petitioner : Mr.S.Doraisamy for
Mr.V.Elangovan
For Respondents : Mr.A.Damodaran
Additional Public Prosecutor
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ORDER
This criminal original petition has been filed challenging the order
passed by the Court below in Crl.M.P.No.207 of 2021 in S.C.No.7 of 2012,
dismissing the application preferred by the petitioner to direct the Jail Superintendent
of Central Prison, Cuddalore to include the period of detention undergone by the
husband of the petitioner under Section 428 of Cr.P.C.
2.Heard the learned counsel for the petitioner and the learned Additional
Public Prosecutor appearing on behalf of the respondents.
3.The case of the petitioner is that her husband had suffered incarceration for
nearly 324 days and whereas, the same was not taken into consideration under
Section 428 of Cr.P.C., while calculating the incarceration already suffered. For
proper appreciation, the calculation given by the petitioner is extracted hereunder:
Original Remand Date : 20.10.2003
(Crime No.310/2023)
Released of bail : 07.02.2004
Total days : 110 days
2nd time remand : 22.08.2011
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Conviction date : 16.03.2012
Total days : 206 days
High Court bail : 05.02.2013
Custody till bail : 324 days
High Court order : 05.03.2019
(Appeal Dismissed)
Date of re-surrender : 19.03.2020
4.In the light of the above calculation, the petitioner claims that her husband
had suffered 324 days of incarceration and the same has to be taken into
consideration to include the same under Section 428 of Cr.P.C.,
5.When the matter was taken up for hearing, the learned Additional Public
Prosecutor submitted the written instructions received from the Superintendent of
Central Prison, Cuddalore. On going through the same, the Superintendent of
Central Prison, Cuddalore has calculated the number of days as 318 days in the
following manner:
1) 20/10/2003 Kjy; 07/02/2004 tiu = 111 ehl;fs;
2) 22/08/2011 Kjy; 15/03/2012 tiu = 207 ehl;fs;
318 ehl;fs;
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6.The learned counsel for the petitioner submitted that the calculation that has
been arrived at by the Superintendent of Central Prison, Cuddalore can be taken into
account and the same may be directed to be included under Section 428 of Cr.P.C.,
7.In the light of the above details that have been furnished before this Court
and the fact that 318 days have now been ascertained to be included under Section
428 of Cr.P.C., there shall be a direction to the Superintendent of Central Prison,
Cuddalore to include the period of 318 days under Section 428 of Cr.P.C., towards
the detention period that has already been undergone by the petitioner's husband.
8.This criminal original petition is disposed of with the above directions.
29.02.2024
Index: Yes/No
Internet: Yes/No
ssr
To
1.The I Additional District and Sessions Judge, Tindivanam.
2.The Inspector of Police,
Auriville Police Station.
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3.The Superintendent of Police,
Central Prison,
Cuddalore.
4.The Public Prosecutor,
High Court of Madras,
Chennai.
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N.ANAND VENKATESH,J.
ssr Crl.O.P.No.3196 of 2024 29.02.2024 https://www.mhc.tn.gov.in/judis 6/6