SUPERINTENDENT OF PRISON Vs. VENKATESAN

JUDGEMENT

(1.) CRIMINAL APPEAL NO. 1371 OF 2025 : The Superintendent of Prison, Central Prison - 1, Puzhal, Chennai, Tamil Nadu and the Inspector of Police, Q Branch, CID Police Station, Perambalur District, Tamil Nadu [appellants] are in appeal against the judgment and order dtd. 11/9/2020 of a learned Judge of the High Court of Judicature at Madras. By reason of the impugned order, a petition of the respondent [Venkatesan] under Sec. 482 of the Code of Criminal Procedure, 1973 [Cr.P.C.] succeeded. In such petition, Venkatesan had sought that the remand period from (i) 24/3/2005 to 28/2/2006; (ii) 22/4/2008 to 22/4/2009 and (iii) 21/4/2014 to 23/12/2014 as undertrial prisoner produced under P.T. (Prisoner Transit) warrant in S.C. No.2 of 2002, under Sec. 428 of the Cr. PC., be set-off.

(2.) Venkatesan belongs to Tamil Nadu Liberation Army, an organisation banned by the Government of Tamil Nadu. With the objective of liberating Tamil Nadu from the Union of India, Venkatesan resorted to violent activities and through armed struggle has been involved in several incidents of crime. Upon full-fledged trial, Venkatesan has been found guilty in Crime No.346 of 1993, S.C. No.12 of 2001 and DS.C. No.2 of 2002.

(3.) The question of law that we are tasked to decide is, whether on facts and in the circumstances, Venkatesan was entitled to the set-off for the three periods granted by the High Court in terms of Sec. 428, Cr. PC.