'Pre-trial detention will not apply to another case for set-off'

CHENNAI: The Madras High Court observed that when a convict wants to set-off him in a criminal case, he cannot seek relief by asking the court to consider his pre-trial detention period in another case.

"The pre-trial detention in every case will apply only to that case for the purpose of set-off and that period can never be used towards set-off in any other case, " the bench of Justice PN Prakash and Justice N Anand Venkatesh ruled. The judges came to the conclusion after pointing out several orders of the Supreme Court.

The judges passed the orders on allowing the writ appeal filed by police against the order of Madras High Court to set off a convict by considering his detention period in some other case booked against him.

According to the police, the court passed a direction in the habeas corpus petition of 2018 for the inclusion of the incarceration undergone by the detenu in the pending cases filed in 2003 and 2008 along with the period undergone pursuant to the conviction and sentence of Life Imprisonment in another case booked in 2000.

"The direction issued by this court in the habeas corpus case of 2018 to include the detention in crime number 169 of 2003 and crime number 400 of 2008 of the convict, while calculating the total period of imprisonment in another case date backs to 2000, is an apparent error which goes against the settled law, " the judges held.

They further ruled that the direction issued by this court in habeas corpus petitions is liable to be reviewed and set aside.

The court also highlighted a point that it is left open to the detenu, to make a fresh representation seeking for premature release in line with the GO dated November 15, 2021," the bench ruled.