P KASUMANI Vs. SUPERINTENDENT OF CENTRAL PRISON

JUDGEMENT

(1.) THE petitioner is wife of detenu by name Puli @ Prabhu. He was involved in as many as 5 criminal cases in Cr.No.534/05, 616/05, 664/05, 663/05 and 311/05. First and second cases were registered under Section 454, 380 and 461 I.P.C while third and fourth cases were under sections 454 and 380 I.P.C. Last case, Sl.No.5 was registered under Section 454 r/w 511 I.P.C. First two cases were taken up in CC Nos.28 of 2006, 29 of 2006, on the file of the Judicial Magistrate No.1, Gobichettipalayam, third and fourth cases were taken on file in CC Nos.743 of 2005, 742 of 2005 on the file of the Judicial Magistrate, Trichengode and the last case was taken up in C.C.No.56 of 2006 on the file of the Judicial Magistrate, Mettur.

(2.) IN the first four cases the detenu was convicted by the respective Courts. IN the first and second case, his terms of imprisonment were two years rigorous imprisonment apiece and in third and fourth cases, rigorous imprisonment for one year each. IN all these cases, he had been continuously in jail right from 30.11.2005.

(3.) REPELLING the above contentions, Mr. M. Babu Muthu Meeran, learned Additional Public Prosecutor would submit that as per the calculation of the Prison authorities, taking into account of the periods of sentences the detenu will have to be released from the prison on 07.02.2009 and his request for earlier release from the jail cannot be entertained. He filed the reply affidavit of first respondent in which it has been calculated that from 24.04.2006 upto 01.02.2007 a period of 284 days has to be set off from the period of sentence. It is not known where from the first respondent has obtained the date 01.02.2007. The date of sentence is 12.06.2007 but as per the first respondent, beginning of sentence is 16.12.2007, adding two years with the period. As per the first respondent the date of release of the detenu is 16.12.2009. After set off as per the Judgment, the date of release will be 07.03.2009, provided the ineligible set off period is between 02.02.2007 and 11.06.2007. The Court is at loss to find out how the date of beginning of sentence could be fixed as 16.12.2007 and date of release as 07.03.2009. The reply affidavit is silent in this regard.