Anitha Devi v. The State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.03.2024 CORAM :

THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN Anitha ... Petitioner/daughter of the detenue Vs.

1.The State rep. by its, The Home Secretary (Prison), St. George Fort, Chennai-600 009.

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

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, to direct the first respondent to consider the representation of the petitioner dated 26.02.2024 in accordance with law by releasing her father viz., Jegadesh Singh, S/o.Ranjith Singh, C.T.No.1874, now confined at Central Prison, Puzhal-I, Chennai-600 066.

For Petitioner : Mr.R.Sankarasubbu For Respondents : Mr.E.Raj Thilak, Additional Public Prosecutor assisted by Mr.Aravind.C

ORDER

(Order of the Court was made by M.S.RAMESH, J.) The petitioner's father, named, Jegadesh Singh, S/o.Ranjith Singh, C.T.No.1874, now confined at Central Prison, Puzhal-I, Chennai-600 066, has come forward with this writ petition seeking premature release of her father.

2.The petitioner states that her father was convicted and sentenced to undergo life imprisonment for the offence under Section 395 IPC and fine of Rs.1,000/-, under Section 396 IPC and fine of Rs.1,000/-, and rigorous imprisonment for 7 years for the offence under Section 397 IPC. The petitioner's case is that her father is eligible for premature release as per G.O.(Ms).No.488, Home (Prison-IV) Department, dated 15.11.2021, since he has been in incarceration for the past 17 years 11 months. Therefore, she made a representation dated 26.02.2024 to the respondents seeking premature release of her father. Since the same has not been considered till date, she 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 26.02.2024, seeking premature release and pass appropriate orders on merits and in accordance with law, within a period of (3) 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. No costs.

[M.S.R., J] [S.M., J] 22.03.2024 Index: Yes/No Anu

M.S.RAMESH, J.

and SUNDER MOHAN, J.

Anu To 1.The Home Secretary (Prison), St. George Fort, Chennai-600 009.

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

3.The Public Prosecutor, High Court, Madras.

22.03.2024