STATE Vs. KARIKALAN ALIAS 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.) THE Learned Govt. Advocate submitted that the accused, after arrest on 12.07.2007, was released on bail on 16.07.2007. His detention in the Special Camp should not have been taken into account for set off since, though the accused was detained in the Special Camp, it was not on the basis of the remand order passed by the Learned Judicial Magistrate.