Michael v. The State Of Tamil Nadu

In the High Court of Judicature at Madras Dated: 18.11.2015 Coram The Honourable Mr.JUSTICE R.SUDHAKAR and The Honourable Mr.JUSTICE P.N.PRAKASH Habeas Corpus Petition No.2771 of 2015 Michael Raj .. Petitioner Vs.

1. The State of Tamil Nadu, rep. by the Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.

2. The Additional Director General of Police & Inspector General of Prisons, Gandhi Irwin Road, Egmore, Chennai - 600 008.

3. The Superintendent of Prisons, Central Prison, Palayamkottai, Tirunelveli.

.... Respondents PETITION under Section 226 of The Constitution of India praying for the issuance of Writ of Habeas Corpus directing the respondents to produce the petitioner, namely, Michael Raj, S/o Mariya Siluvai, Life Convict, aged about 50 years, now confined in the Central Prison, Palayamkottai, Thirunelveli before this Court and set him at liberty.

For Petitioner : Mr.P.Pugalenthi For Respondent : Mr.A.N.Thambidurai, Addl. Public Prosecutor

O R D E R

(Order of the Court was made by P.N.PRAKASH,J.) It is seen that the petitioner has earlier got the benefit of G.O.Ms.No.1155 Home (Prison-IV) Department dated 11.09.2008 and was released. At the time of release, he had executed an indemnity bond undertaking that he will not involve himself in any offence.

2. It is seen that after the release, he was involved in a case in Crime No.48 of 2011 for the offences under Section 457 and 380 of IPC, on account of which, the remission granted to him in terms of G.O.Ms.No.1155 dated 11.09.2008 was revoked and he was put back into the prison. It is stated that in Crime No.48 of 2011, after trial, he was acquitted by the trial Court, viz., Judicial Magistrate Court No.2, Tuticorin, however, the details of which have not been provided by the petitioner.

3. Now, it is the case of the petitioner that since he has been acquitted in the case in Crime No.48 of 2011, subject to the verification of the said statement, he is entitled to be released under G.O.Ms.No.1155 dated 11.09.2008.

4. In the considered opinion of the Court, on this score, Writ of Habeas Corpus cannot be issued. Hence, this Petition stands closed giving liberty to the petitioner to submit a representation, seeking release from the jail, to the first respondent, who on receipt of such representation, shall consider and dispose of the same on merits and in accordance with law.

Sl Sd/- Assistant Registrar (Judicial) /True Copy/ Sub-Assistant Registrar

To

1. The Secretary to Government, State of Tamil Nadu, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.

2. The Additional Director General of Police & Inspector General of Prisons, Gandhi Irwin Road, Egmore, Chennai - 600 008.

3. The Superintendent of Prisons, Central Prison, Palayamkottai, Tirunelveli.

4. The Public Prosecutor, High Court, Madras.

Habeas Corpus Petition No.2771 of 2015 SK(CO) sd : 10/12/2015