S SIVAGAMI Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner, by name, S. Sivagami, has filed this petition for the production of her son, S. Mathialagan, aged about 42 years, the detenu herein, before this Court and set him at liberty.

(2.) IN the affidavit filed in support of the above petition it is stated that her son is now confined in Central Prison, Vellore, serving the sentence of two years imposed by this Court in Crl. R. C. No. 259 of 2003 dated 17. 03. 2004. According to the petitioner, her son, S. Mathialagan, was initially charge sheeted for an offence under Section 408 IPC in C. C. No. 1212 of 2001 and the said case was tried by XI Metropolitan Magistrate, Saidapet, Chennai and after trial, the learned Magistrate found him guilty for an offence under Section 406 IPC and imposed a sentence of 3 years rigorous imprisonment and fine of Rs. 5,000/- vide judgment dated 22. 04. 2002. The fine amount was remitted before the trial Court.

(3.) AGAINST the said conviction and sentence, her son preferred an appeal in Criminal Appeal No. 106 of 2002 before the VII Additional Sessions Judge, Chennai, who confirmed the conviction and sentence, by judgment dated 18. 02. 2002. Aggrieved by the same, her son preferred a Criminal Revision in Crl. R. C. No. 259 of 2003 before this Court. This court, while confirming the finding of the learned VII Additional Sessions Judge, Chennai, directed the accused to pay a sum of Rs. 1,10,000/- in lieu of the sentence, vide order dated 17. 03. 2004. In the same order, the learned Judge also directed her son to pay the sum of Rs. 1,10,000/- within 3 months from the date of receipt of copy of the order, failing which he was ordered to undergo 2 years imprisonment. Since her son Mathialagan could not pay the above said sum of Rs. 1,10,000/- within the stipulated period as ordered by this Court, he surrendered before the XI Metropolitan Magistrate, Saidapet, Chennai on 19. 07. 2004 and he was confined in the Central Prison, Chennai from 19. 07. 2004 to 07. 10. 2004. Thereafter, he was transferred to the Central Prison, Vellore. Her son remains in Judicial custody for the period mentioned below.