Crl.O.P.(MD)No.10977 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.07.2025 CORAM : THE HON`BLE MR.JUSTICE B.PUGALENDHI Crl.OP(MD)No.10977 of 2025 Murugan ... Petitioner Vs 1.The State of Tamilnadu, Rep. by the Inspector of Police, Cantonment Police Station, Tiruchirappalli District. Crime No. 1099/2014. 2.The Superintendent of Prisons, Central Prison, Trichy- 620 020. ...Respondents Prayer : Criminal Original Petition filed under Section 528 of BNSS, to issue a direction, to set-off the remand period already undergone by the petitioner from 02.12.2014 to 28.02.2015 in Crime No. 1099/2014 against his sentences made in S.C.No. 166/2015 on the file of learned Principal Sessions Judge, Tiruchirappalli. For Petitioner : Mr.C.Karthikeyan For Respondents : Mr.P.Kottaichamy Government Advocate(Crl.side) 1/5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.10977 of 2025 O R D E R The petitioner/an accused in SC No.166 of 2015 was convicted by the learned Principal Sessions Judge, Tiruchirappalli, for the offence under Sections 294(b), 323 and 302 IPC and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.1000/-, in default, he was sentenced to undergo rigorous imprisonment for a period of three months. He was also sentenced to undergo life imprisonment and to pay a fine of Rs.2000/-, in default to undergo rigorous imprisonment for three years. Accordingly, the petitioner is now undergoing life imprisonment in the Central Prison, Trichy. The grievance of the petitioner is that the trial Court, while imposing sentence has not taken note of the period undergone by the petitioner during the trial and therefore, the petitioner has moved this application to set off the period already undergone by him from 02.12.2014 to 28.02.2015. 2.This Court, by its order dated 30.06.2025 has directed the respondent police to ascertain as to whether this petitioner has 2/5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.10977 of 2025 undergone imprisonment, during the trial from 02.12.2014 to 28.02.2015, as claimed by him. 3.The learned Government Advocate(Crl.side), on instructions submits that this petitioner was arrested soon after the occurrence on 02.12.2014, remanded to judicial custody and he was in prison for 89 days upto 28.02.2025. He also submits that this period of sentence, which he has already undergone during the remand has not been taken note by the trial court at the time of delivering the judgment. The petitioner was in prison from 02.12.2014 to 28.02.2025, in connection with Crime No.1099 of 2014, on the file of the Contonment Police Station, Trichy. 4.Since the petitioner has already undergone some period in prison and the same was also ascertained and confirmed by the respondent police, this Court is of the view that he is entitled for setting off the period, which he has already undergone from 02.12.2014 to 28.02.2025, as per the provision under Section 468 of BNS ((428 of the Cr.PC.,). Since the trial Court has inadvertently omitted to set off 3/5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.10977 of 2025 the period, which he has already undergone, this Criminal Original Petition is allowed. The period already undergone by the petitioner from 02.12.2014 to 28.02.2025 is ordered to be set off under Section 468 of BNS (428 of the Cr.P.C). 02.07.2025 NCC : Yes/No Index : Yes/No vrn To 1.The Inspector of Police, Cantonment Police Station, Tiruchirappalli District. Crime No. 1099/2014. 2.The Superintendent of Prisons, Central Prison, Trichy- 620 020. 4/5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.10977 of 2025 B.PUGALENDHI,J vrn Order made in Crl.OP(MD)No.10977 of 2025 02.07.2025 5/5 https://www.mhc.tn.gov.in/judis