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2026 Supreme(Online)(Mad) 37517
IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.VIJAYAKUMAR, J
Kandan – Appellant
Versus
Superintendent of Prison, Central Prison, Trichy – 20 – Respondent
Criminal Original Petition|Crime No.27 of 2012|S.C.No.168 of 2012|Crl.A(MD) No.6 of 2013
For the Appellants/Petitioners: Mr.K.A.S.Prabhu
For the Respondents: Mr.R.Meenakshi Sundaram Additional Public Prosecutor
Life convict entitled to set-off of pre-trial remand period under S.428 Cr.P.C. against life sentence.
Headnote:The petition invokes Section 428 of Cr.P.C., corresponding to Section 468 of BNSS, 2023, seeking set-off of pre-trial remand period. Petitioner, a life convict in a murder case under Section 302 IPC (Crime No.27/2012, S.C.168/2012), underwent 133 days remand from 10.07.2012 to 19.11.2012 before conviction confirmed on appeal. Court finds entitlement to set-off based on conviction certificate confirming remand period. Issues framed: Whether life convict entitled to set-off of pre-trial detention under Section 428 Cr.P.C. Ratio: Pre-trial detention qualifies for set-off against sentence, supported by prior decision allowing similar relief. Petition allowed; direction issued to grant set-off of 133 days.
| Table of Content |
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| 1. petition seeks set-off of 133-day pre-trial remand. (Para 1 , 2 , 3 , 5) |
| 2. relies on prior judgment granting similar set-off. (Para 4) |
ORDER
The present Criminal Original Petition has been filed by the life convict seeking a direction to the first respondent to grant the benefit of set off of 133 days under Section 428 of Cr.P.C Corresponding to Section 468 of BNSS.
2. The second respondent police has registered an FIR as against the petitioner in Crime No. 27 of 2012 on the file of All Women Police Station, Ponmalai, Trichirappalli District, under Section 302 of IPC. The petitioner was convicted in S.C.No.168 of 2012 on 20.11.2012 by the learned Principal District and Sessions Judge, Tiruchirappalli. The petitioner has challenged the said conviction before this Court in Crl.A(MD) No.6 of 2013. This Court, by an order dated 03.04.2014 had dismissed the appeal confirming the conviction and sentence passed by the Sessions Court.
3. The request of the petitioner is that he had been in prison as a remand prisoner for the period between 10.07.2012 and 19.11.2012 (133 days) and therefore, he seeks the benefits of set off of the remand period, which he had already undergone, invoking Section 428 of Cr.P.C Corresponding to Section 468 of BNSS.
4. The learned counsel appearing for the petitioner had also relied upon the decision of this Court in Crl.O.P.No.6662 of 2018 between (K.Manikandan Vs. The Superintendent of Police, Central Prision, Vellore and another) dated 01.08.2019, wherein this Court was pleased to consider a similar request and granted an order of set off in favour of the accused person.
5. A perusal of the conviction Certificate issued by the Superintendent of Prison, Central Prison, Trichy on 24.02.2026 reveals that the petitioner was a remand prisoner between 10.07.2012 and 19.11.2012 (133 days).
6. In view of the above said facts, the petitioner having suffered pre-
trial detention of 133 days, the petitioner will be entitled to set off, of this period on the sentence imposed as against the petitioner by this Court in Crl.A.(MD) No.6 of 2013. Therefore, there shall be a direction to the first respondent to grant the benefit of set off to the petitioner under Section 428 of Cr.P.C.
