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Madras High CourtWMP/393/2024allowed

V.Chithra v. The State Rep By Its

2024-01-11Honourable Mr Justice M.S. Ramesh,Honourable Mr Justice Sunder Mohan5 pages

M.S.RAMESH, J.

and SUNDER MOHAN, J.

[Order of the Court was made by SUNDER MOHAN, J.] This petition has been filed to extend the interim bail granted to the detenu, Viswanathan @ Vijayan S/o.Rajagopal, Convict No.2807, confined at Central Prison, Coimbatore in WMP.No.28327 of 2023 in WP.No.24414 of 2022, order dated 16.10.2023 from 17.01.2024 until further orders.

2. Admittedly, the petitioner's request for premature release of the detenu was considered favaourably by the State Government based on the recommendation of the Hon'ble Justice Thiru.N.Authinathan Committee and orders have been obtained from the Hon'ble Chief Minister and also circulated to the Hon'ble Governor.

3. This Court, by order dated 16.10.2023, already granted interim bail to the detenu for a period of three months since premature release process was on its last limb based on the orders passed by the Hon'ble Supreme Court in the case of Sikkander vs. The State and others, Special Leave to Appeal (Crl.)

No.12784 of 2022.

4. The learned Additional Public Prosecutor submitted that the premature release process is still at the same stage and further orders have not been so far passed.

5. While granting interim bail, this Court had directed the State Authorities to submit a report with regard to the prison inmate before expiry of three months. The learned Additional Public Prosecutor has now produced a report of the Probation Officer, which states that the conduct of the detenu was good during the said period of three months.

6. In view of the above facts and also taking note of the fact that the interim bail expires on 17.01.2024, we are inclined to extend the interim bail for a period of three months on the same conditions imposed in WMP.No.28327 of 2023. Accordingly, this petition is allowed, by granting interim bail for a period of three months from 17.01.2024. [M.S.R., J] [S.M., J] 11.01.2024

Note to office:

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M.S.RAMESH, J.

and SUNDER MOHAN, J.

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11.01.2024