KAVIYARASAN Vs. SUPERINTENDENT OF PRISON, CENTRAL PRISON

JUDGEMENT

(1.) This Criminal Original Petition has been filed seeking a direction to the Respondents, to consider the representation made by the Petitioner wherein, the Petitioner had sought for set-off of the remand period of the Petitioner from 04.09.2014 to 31.01.2020, against the sentence period imposed in S.C.No.07 of 2017, by the Sessions Court for the Exclusive Trial of Bomb Blast Cases, Chennai at Poonamallee, by order dt. 30.01.2020.

(2.) The Petitioner was arrested on 11.03.2014, based on the FIR registered in Crime No.47 of 2014 by the Othakadai Police Station, Madurai and he was remanded to Judicial Custody, for various offences under The Indian Penal Code, 1860 (hereinafter referred to as "IPC"), The Explosive Substances Act, 1908 (hereinafter referred to as "ES Act") and Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to as "UAP Act"). This case is now pending at the stage of trial in S.C. No.401 of 2015, on the file of the VI Additional District and Sessions Judge, Madurai.

(3.) When the Petitioner was in judicial custody in the above case, he was formally arrested by the Q-Branch, CID, Ramanathapuram Circle in Crime No. 10 of 2014, through a PT Warrant and he was remanded to judicial custody on the same day, for various offences under IPC, ES Act and UAP Act. In this case, the Petitioner was arrayed as A4, and he underwent trial in S.C. No.7 of 2017 and by judgement dt. 30.01.2020, the Sessions Court for Exclusive Trial of Bomb Blast Cases, Chennai at Poonamallee, convicted the Petitioner for all the offences and the maximum sentence was imposed for offences under the UAP Act and the ES Act for which he was sentenced to undergo five years Rigorous Imprisonment and all the sentences were ordered to run concurrently. The Sessions Court ordered for set-off under Section 428 of The Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C") for the remand period already undergone by the Petitioner from 25.03.2014 to 04.09.2014.