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MADRAS HIGH COURT
R. Subbiah, K. K. GanaSelvan, JJ
State of Tamil Nadu – Appellant
Versus
A. Palaniswamy alias Palaniyappan – Respondent
| Table of Content |
|---|
| 1. detenu sentenced for serious offences. (Para 2 , 4) |
| 2. representation for premature release submitted. (Para 5 , 6) |
| 3. habeas corpus petition filed regarding incarceration. (Para 7 , 8) |
| 4. arguments raised concerning appeal and legal claims. (Para 9 , 10 , 11) |
| 5. court's analysis of jurisdictional issues. (Para 12 , 13) |
| 6. legal principles surrounding set-off and premature release. (Para 14 , 15) |
| 7. decision to quash previous order and remand for reconsideration. (Para 16 , 17) |
1. As the cases on hand deal with the same detenu with the interlinked issues, they are appositely disposed of by a common judgment.
2. The detenu, who is a life convict was found guilty of the offences punishable under S.302 and S.392, IPC in S.C.No.80 of 2008 by the Additional District and Sessions Judge (Fast Track Court No.I), Erode, on 10.11.2008 and accordingly, he was sentenced to undergo life imprisonment and 10 years rigorous imprisonment respectively.
3. The appeal filed by the convict, on contest, was dismissed in Criminal Appeal No.107 of 2009 on 18.08.2009.
4. The Government Order was passed providing for premature release to the life convict in G.O.Ms.No.64, Home(Prison - IV) Departmen
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