VENKATESAN Vs. SUPERINTENDENT OF PRISON

JUDGEMENT

(1.) This petition has been filed to direct the respondent to set off the petitioner's remand period from 24.03.2005 to 28.02.2006, from 22.04.2008 to 22.04.2009 and from 21.04.2014 to 23.12.2014 as an under trial prisoner produced under P.T. Warrant in SC.No.2 of 2002 (on the file of the Sessions Court for Exclusive Trial of Bomb Blast Cases, Poonamallee, Chennai).

(2.) The learned counsel for the petitioner would submit that the petitioner was arrested and remanded to judicial custody on 08.03.1998 in Crime No.234 of 1997 on the file of Andimadam Police Station. After completion of investigation, final report was filed and the same was taken cognizance in SC.No.2 of 2002 on the file of the Sessions Court for Exclusive Trial of Bomb Blast Cases, Poonamallee, Chennai, and the petitioner is arrayed as A2 and he was released on bail in SC.No.2 of 2002 on 24.03.2005. Though the petitioner was released on bail, since he was facing some other cases he was not released from prison. Therefore, again the petitioner was produced on PT warrant before the trial court and his remand was extended till 28.02.2006. He was convicted in Crime No.346 of 1993 on the file of the Kullanchavadi Police Station on 22.04.2008 as such he was produced under PT Warrant in SC.No.2 of 2002 till 22.04.2009. On 24.03.2014, he was convicted in SC.No.12 of 2001, and during his detention period, he is was produced under PT warrant from 21.04.2014 to 23.12.2014 in SC.No.2 of 2002. Thereafter, he was convicted in SC.No.2 of 2002 for the offences punishable under Sections 120(b), 148, 450, 395 r/w 397, 307 and 332 of IPC and sentenced him to undergo 10 years imprisonment. Unfortunately the trial court rejected the plea of set off the petitioner's remand period produced under PT warrant under Section 428 of Cr.P.C. In this regard, he relied upon the Order of this Court in Crl.OP.No.15669 of 2010 dated 16.12.2010.

(3.) Per contra, the learned Additional Public Prosecutor submitted that the petitioner did not prefer appeal as against the conviction made in SC.No.2 of 2002 on the file of the Sessions Court for Exclusive Trial of Bomb Blast Cases, Poonamallee, Chennai and request made by the petitioner was duly considered by the trial court and rejected for the reason that the remand period in other cases cannot be considered for the present case under Section 428 of Cr.P.C. Therefore, the present petition is not maintainable under Section 482 Cr.P.C. to set off the remand period. When the trial court considered the said request and rejected the same, the petitioner ought to have filed appeal as against the conviction before the appellate court. As such he prayed for dismissal of this petition.