STATE BY INSPECTOR OF POLICE Vs. KARIKALAN @ MARIYANESAN

JUDGEMENT

(1.) The respondent herein Karikalan @ Marianesan, who is a Srilankan, was arrested on 12-06-2007 by Tharamangalam Police in Crime No. 298/07 for offence under Sections 294, 353, 506 of the IPC. A case was filed by the police which ended in conviction on 22.04.2008 and the Learned Judicial Magistrate, Omalur, Salem District, sentenced the respondent herein to undergo one year simple imprisonment and to pay a fine of Rs. 500/- on two counts totally Rs. 1000/- and in default of payment, he should undergo 3 months simple imprisonment. The conviction and sentence passed by the Judicial Magistrate have been confirmed by the learned I Additional Judge, Salem in the appeal preferred by the accused.

(2.) It appears that the accused was arrested on 12.07.2007 and subsequently, released on bail on 16.07.2007 and thereafter, the accused was kept in the Special Camp, Chengalpet from 17-10-2007.

(3.) On 18-12-2008, the Learned Judicial Magistrate, Omalur received a letter from a Tahsildar of the Chengalpet, seeking clarification whether the detention of the accused in the camp of a period from 17.10.2007 to 5.12.08 should be taken into account and whether the accused should be released as he served the sentence of one year imprisonment The Learned Judicial Magistrate passed an order stating that the period of detention of the accused in the special Camp from 17-10-2007 to 5-12-08 should be taken into account and the period should be set off. In pursuance of that order, the accused/respondent herein was released from Special Camp on 11.2.2009.