Jayaseeli v. The Government Of Tamil Nadu

In the High Court of Judicature at Madras Dated: 08.01.2016 Coram The Honourable Mr.JUSTICE R.SUDHAKAR and The Honourable Mr.JUSTICE P.N.PRAKASH Habeas Corpus Petition No.2974 of 2015 Tmt.Jayaseeli .... Petitioner Vs.

1. The Government of Tamil Nadu, represented by its Home Secretary, Home Department, Fort St. George, Chennai - 600 009.

2. The Superintendent of Prison, Central Jail, Puzhal, Chennai - 600 066.

.... Respondent PETITION under Section 226 of The Constitution of India praying for the issuance of Writ of Habeas Corpus directing the respondents to consider the representation of the petitioner dated 08.09.2014 and direct the respondents to premature release of the petitioner's son Jebasingh, Son of Late Arulraj, Prisoner No.292, CT-'A' Block No.2, on humane consideration, now confined at Central Prison, Puzhal, Chennai before this Court and set him at liberty.

For Petitioner : Mr.K.R.Poominathan For Respondents: Mr.A.N.Thambidurai Addl. Public Prosecutor

O R D E R

(Order of the Court was made by P.N.PRAKASH,J.) This Habeas Corpus Petition is filed by the mother of the detenu Jebasingh for a direction to the respondents to consider the representation of the petitioner dated 08.09.2014 with regard to the premature release of the petitioner's son.

2. It is the case of the petitioner that her son/Life Convict No.292, who is undergoing life imprisonment, has served 14 years of imprisonment and hence he is entitled to be released prematurely. In this regard, the petitioner has submitted a representation dated 08.09.2014, but whereas, the detenu, who is in prison, has not given any representation.

3. In view of the above, this Habeas Corpus Petition is disposed of with the following directions:- [1] The detenu/life convict in the above Habeas Corpus Petition is directed to submit a fresh representation to the 2nd respondent within a period of two weeks from the date of receipt of a copy of this order by the petitioner, by enclosing a copy of this order.

[2] The Superintendent of Central Prison, shall, on receipt of such representation, forward the same to the 1st respondent along with his remarks and Probation Officer's Report within a further period of eight weeks therefrom. [3] The 1st respondent, on receipt of the remarks from the Superintendents of Central Prison, shall consider the same and if the life convict / detenu is found to be eligible to be released prematurely as per G.O.Ms.No.1155, Home [Prison IV] Department, dated 11.09.2008, the papers may be placed before His Excellency The Governor, State of Tamil Nadu for passing appropriate orders. If found ineligible, orders with reasons shall be passed and communicated to the life convict/prisoner through the prison authorities.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar sl

To

1. The Government of Tamil Nadu, represented by its Home Secretary, Home Department, Fort St. George, Chennai - 600 009.

2. The Superintendent of Prison, Central Jail, Puzhal, Chennai - 600 066.

3. The Public Prosecutor, High Court, Madras. H.C.P.No.2974 of 2015 ca co kra 25.01.2016