IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 30..11..2009 CORAM: THE HONOURABLE MR JUSTICE ELIPE DHARMA RAO and THE HONOURABLE MR JUSTICE D. HARIPARANTHAMAN Habeas Corpus Petition No.1830 of 2009 B. Mubeena ... Petitioner Vs 1. State Rep. by The Addl. Director General of Police (Prison) Prison Head Quarters, CMDA Tower, Egmore, Chennai 8. 2. The Superintendent of Prison, Central Prison, Coimbatore. 3. The Inspector of Police, B1 Bazaar Police Station, Coimbatore. ... Respondents Prayer:- Petition under Article 226 of the Constitution of India praying for the issuance of a writ of Habeas Corpus directing the second respondent to set off the remand periods already undergone from 16.11.1993 to 27.01.1997 and 28.4.1998 to 16.7.2000 in S.C.No.239/2000, on the file of the Addl. Sessions Judge (FTC III) Coimbatore, by the prisoner No.3244 S.A. Basha S/o. Abdul Rahman, aged about 55 years now confined at Central Prison, Coimbatore. For Petitioner : Mr.R. Sankarasubbu For Respondents : Mr.N.R. Elango Addl. Public Prosecutor. O R D E R (Order of the Court was made by ELIPE DHARMA RAO, J.) The Habeas Corpus Petition has been filed by the son of the detenu to direct the Superintendent of Prison, Central Prison, Coimbatore, to set off the different remand periods undergone by the https://hcservices.ecourts.gov.in/hcservices/ detenu in S.C.No.239 of 2000, pending on the file of Addl. Sessions Judge (FTC III), Coimbatore. 2. Learned counsel for the petitioner has contended that the remand period undergone by the detenu between 16.11.1993 to 27.01.1997 and 28.4.1998 to 16.7.2000 i.e., 5½ years, should be set off as it has been done to the co-accused in S.C.No.239/2000. It is further submitted by him that no action was taken in the representation given by the detenu on 7.5.2009 for claiming the set- off. 3. Learned Addl. Public Prosecutor has filed a counter, wherein it is stated that the representation dated 7.5.2008 was forwarded to the court and was returned by the court to the prisoner / detenu. It is further indicated that as per Section 428 Cr.P.C., the court concerned is the competent authority to issue orders for the award of set off. 4. We have heard the learned counsel appearing for both sides and gone through the entire materials placed on record, including the counter filed by the learned Addl. Public Prosecutor. It is no doubt true that the trial court can only set-off the remand period under Section 428 Cr.P.C. Once a representation has been made by a prisoner to the court or it has been forwarded by the prison authorities, it has to be considered by the Court on its own merits. In the present case, it is admitted that a representation has been made on 7.5.2008. Since it is stated that the representation had been returned by the Court, taking into consideration the fact that a person's constitutional right is being violated, we deem it appropriate to direct the Additional Sessions Judge, Fast Track Court -3, Coimbatore, to re-consider the matter. 5. Accordingly, we direct the Additional Sessions Judge, Fast Track Court -3, Coimbatore, to re-consider the matter and pass appropriate orders in accordance with law within a period of two weeks from to-day. Post the matter after two weeks. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar dpk To 1. The Additional Sessions Judge, Fast Track Court -3, Coimbatore https://hcservices.ecourts.gov.in/hcservices/ 2. The Public Prosecutor, High Court, Chennai. 3. The Additional Director General of Police (Prison) Prison Head Quarters, CMDA Tower, Egmore, Chennai 8. 4. The Superintendent of Prison, Central Prison, Coimbatore. 5. The Inspector of Police, B1 Bazaar Police Station, Coimbatore. 6. The Section Officer, Criminal Section, High Court, Madras. (for posting the matter after two weeks) H.C.P.No.1830 Of 2009 JRG(CO) EM/4.12.09 https://hcservices.ecourts.gov.in/hcservices/