Madras High CourtHCP/525/2019closed

Esther., M.B.B.S Dgo v. The State Of Tamilnadu

2019-08-08Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.08.2019 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice M.NIRMAL KUMAR H.C.P.No.525 of 2019 Dr.Esther ..

Petitioner Vs 1.The State of Tamil Nadu rep. by Additional Chief Secretary to Government, Department of Home (Prison IV), Fort St. George, Chennai - 9.

2.The Additional Director General of Police/ Inspector General of Prisons, Egmore, Chennai - 8.

3.The Superintendent of Prison, Central Prison I, Puzhal, Chennai - 66.

Respondents Petition filed under Article 226 of the Constitution of India praying for a writ of habeas corpus, directing the respondents to entitle the Life Convict John David for premature release in the light of G.O.Ms.No.64 dated 01.02.2018 and produce the Life Convict John David S/o.Dr.Marimuthu, Life Convict No.4897 now confined in Central Prison I, Puzhal, before this Court and direct the respondents to release him without any further delay.

For Petitioner ..

Mr.G.Ravikumar For Respondents..

Mr.C.Iyyappa Raj, Addl. Public Prosecutor

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) When the matter is taken up for hearing, it is submitted by the learned Additional Public Prosecutor that the habeas corpus https://hcservices.ecourts.gov.in/hcservices/

petition has become infructuous as the recommendation of the State Level Committee for premature release of the convict has been rejected by the Government in G.O.(D) No.372 Home (Prison IV) Department dated 22.07.2019 and he has also produced a copy of the said Government Order.

2.In such view of the matter, this habeas corpus petition is dismissed as infructuous, however, giving liberty to the petitioner to challenge the aforesaid rejection order, if so advised.

Sd/- Assistant Registrar (CS-) //True Copy// Sub Assistant Registrar mmi/ssm To 1.The Additional Chief Secretary to Government, Department of Home (Prison IV), Fort St. George, Chennai - 9.

2.The Additional Director General of Police/ Inspector General of Prisons, Egmore, Chennai - 8.

3.The Superintendent of Prison, Central Prison I, Puzhal, Chennai - 6.

4.The Public Prosecutor, High Court, Madras.

5.The Joint Secretary to Govt, Dept of Law & Order, Fort St.George, Chennai 9.

+1cc to Mr.G.Ravikumar Advocate, S.R.No.68617 (CO) CB(23/09/2019) H.C.P.No.525 of 2019 https://hcservices.ecourts.gov.in/hcservices/