Thangavelu v. The State Rep By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.03.2024 CORAM :
THE HON'BLE MR. JUSTICE M.S.RAMESH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN Thangavelu
...Petitioner/Father of the detenu
vs.
The State represented by its
1. The Chief Home Secretary, Department of Home, (Prison Department - IV) Fort St.George, Chennai - 600 009.
2. The Superintendent of Prison, Trichy Central Prison, Trichy - 620 020.
...Respondents
Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents to consider the representation dated 21.12.2023 and consequently release the detenue, Saravanan, S/o. Thangavelu, aged about 34 years, bearing Convict
No.1925, now confined at Central Prison Trichy Prematurely as per the G.O.(Ms) No.488, Home (Prison-IV) Department, dated 15.11.2021. For Petitioner ::
Mr.S.Manoharan For Respondents ::
Mr.E.Raj Thilak Additional Public Prosecutor Assisted by Mr.C.Aravind
ORDER
(Order of the Court was made by M.S.RAMESH,J.) The petitioner, who is the father of the life convict viz., Saravanan S/o.Thangavelu (CT-1925), confined at Central Prison, Trichy, has come forward with this writ petition to direct the respondents to consider the representation dated 21.12.2023 for premature release of his son/ Convict Prisoner.
2. The petitioner states that his son has completed 13 years of sentence and many life convicts have been released pursuance to issuance of G.O.(Ms.) No.488 Home (Prison-IV) Department dated 15.11.2021 in connection with 113rd Birthday of Aringnar Anna. Therefore, he had sent a
representation to the respondents on 21.12.2023. Since the same has not been considered till date, he has come forward with this writ petition. 3.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. 4.Having regard to the limited scope of the prayer in the writ petition, this Court, without going into the merits of the petitioner's representation or the contentions of the petitioner in the affidavit filed in support of this writ petition, directs the respondents to consider the representation of the petitioner, dated 21.12.2023 for premature release of his son/Convict Prisoner viz., Saravanan S/o.Thangavelu (CT-1925), confined now in Central Prison, Trichy and pass appropriate orders on merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order, and communicate the same to the petitioner. 5.With the above direction, this writ petition is disposed of.
6. Post the matter on 24.06.2024 under the caption "For Reporting Compliance"
(M.S.R.,J.) (S.M.,J.) 21.03.2024 dk Index : Yes / No Copy to:
1. The Chief Home Secretary, Department of Home, (Prison Department - IV) Fort St.George, Chennai - 600 009.
2. The Superintendent of Prison, Trichy Central Prison, Trichy - 620 020.
3. The Public Prosecutor, High Court, Madras.
M.S.RAMESH,J.
AND SUNDER MOHAN,J.
dk 21.03.2024