Noorjahan, v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 29.01.2024 CORAM :

THE HONOURABLE MR. JUSTICE M.S.RAMESH AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN Noorjahan

...Petitioner

Vs.

The State represented by its

1. The Secretary to Government of Tamil Nadu, Home Department, Fort St. George, Chennai 600 009.

2. The Superintendent Central Prison, Coimbatore.

... Respondents Prayer :- Writ Miscellaneous Petition filed under Article 226 of the Constitution of India, praying to extend the Interim Bail granted to the detenu, Mohamed Buhari, S/o. Sheik Madhar, aged 47 years, Convict No.10717, detained at Central Prison, Coimbatore, in W.M.P. No.31034 of 2023 in W.P. No.31415 of 2023, order dated 01.11.2023, from 03.02.2024 until the disposal of the above Writ Petition.

For Petitioner : Mr.S. Manoharan For Respondents : Mr.E. Raj Thilak Additional Public Prosecutor

O R D E R

[Order of the Court was made by SUNDER MOHAN, J.] This petition has been filed to extend the interim bail granted to the detenu, Mohamed Buhari, S/o. Sheik Madhar, aged 47 years, CT No.10717, confined at Central Prison, Coimbatore, in W.M.P. No.31034 of 2023 in WP.No.31415 of 2023, order dated 01.11.2023, from 03.02.2024 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 01.11.2023, 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 03.02.2024, we are inclined to extend the interim bail for a period of three months on the same conditions imposed in WMP.No.31034 of 2023. Accordingly, this petition is allowed, by granting interim bail for a period of three months from 03.02.2024.

[M.S.R., J] [S.M., J] 29.01.2024 Note to office:

Issue order copy by 01.02.2024 Upload the order forthwith bga

To

1. The Sessions Judge For Exclusive Trial of Bomb Blast Cases, Coimbatore

2. The Secretary to Government of Tamil Nadu, Home Department, Fort St. George, Chennai 600 009.

3. The Superintendent Central Prison, Coimbatore.

4. The Public Prosecutor, High Court, Madras Copy to;- The Inspector of Police Melapalayam Police Station Tirunelveli

M.S.RAMESH, J.

and SUNDER MOHAN, J.

bga 29.01.2024