SIVAGAMI Vs. SUPERINTENDENT OF JAIL

JUDGEMENT

(1.) When the matter was called, there is no representation on behalf of the petitioner. Even though, Mr. Karuppiah, learned counsel appeared for the learned Public Prosecutor, he is not ready. Hence, I am constrained to go through the affidavit filed in support of the writ petition as well as the counter filed by the respondent.

(2.) The petitioner, who is the wife of Mr.R.Dhanraj, S/o. Mr. S.Rathinam has filed this writ petition for issuance of a Writ of Mandamus for a direction to the respondent to release her husband now confined at Central Prison, Vellore 632 002 and set him at liberty forthwith.

(3.) According to the petitioner, even though her husband was convicted and sentenced to life imprisonment by the learned Sessions Judge, Chengalpattu for the offences punishable under Section 302 read with 34 of I.P.C., in S.C.No.199 of 1991, on appeal in C.A.No.488 of 1992, this Court while confirming the conviction, reduced the sentence to eight years rigourous imprisonment. The petitioner further contended that taking into consideration of the period already undergone by her husband in the judicial custody and jail custody, he had already completed the detention period and therefore he should be released forthwith. According to the petitioner, the period undergone by her husband is as follows:- <FRM>KIS537(1).htm</FRM> The petitioner further claims that as per the above details her husband is in illegal detention as on 10.12.2002 itself by one year one month and 10 days. Hence, she claimed that her husband may be directed to be released forthwith.