G.Ramya v. The Additional Chief Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.04.2024 CORAM :

THE HON'BLE MR. JUSTICE M.S.RAMESH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN G.Ramya

...Petitioner/ daughter of the detenu

vs.

1.The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai-600 009.

2.The Director General of Police & Director General of Prisons and Correctional Service, Whannels Road, Egmore, Chennai-600 008.

3.The Superintendent of Prisons, Central Prison, Vellore-2.

...Respondents

Writ Miscellaneous Petition filed under Article 226 of the Constitution of India, directing the respondents to release the petitioner's father namely Mr.Gunasekar @ Sekar, son of Sachidanandham, Life Convict, Ct.No.21210, now confined at Central Prison, Vellore on interim bail till the disposal of the Writ Petition.

For Petitioner :: Mr.K.Sakthivel for Mr.P.Pugalenthi For Respondents :: Mr.E.Raj Thilak Additional Public Prosecutor Assisted by Mr.C.Aravind

ORDER

(Order of the Court was made by SUNDER MOHAN,J.) The writ petition miscellaneous petition has been filed by the petitioner/daughter of the Convict Prisoner, Mr.Gunasekar @ Sekar, son of Sachidanandham, Life Convict, Ct.No.21210, confined at Central Prison, Vellore, to release her father on interim bail until the disposal of the writ petition.

2.Mr.E.Raj Thilak, learned Additional Public Prosecutor appearing for the respondents on instruction submits that the petitioner's request for premature release of her father/Convict Prisoner has been favourably considered by the Government and the same is pending consideration before the Hon'ble Governor.

3. In similar cases, this Court had granted interim bail to the persons whose premature release process is in the final stage, taking into consideration, the orders passed by the Hon'ble Supreme Court in Sikkander case [Sikkander Vs The Sate and others, Special Leave to Appeal (Crl.) No.12784 of 2022] and Sardar Khan case [Sardar Khan Vs. State and others, Special Leave to Appeal (Crl.) No.10176 of 2022].

4. Hence, we grant interim bail to the Convict Prisoner, Gunasekar @ Sekar, son of Sachidanandham, Ct.No.21210, now confined at Central Prison, Vellore, subject to the following conditions: (i) The Prison inmate namely Gunasekar @ Sekar, son of Sachidanandham, Life Convict, Ct.No.21210, now confined at Central

Prison, Vellore, shall be released on interim bail till 05.07.2024, subject to his furnishing bail bonds of value of Rs.25,000/- (Rupees Twenty Five Thousand Only) with two sureties each for a like sum to the satisfaction of the learned Principal Session Court, Vellore. (ii) Prison inmate is directed to report once in a week i.e., on every Monday to the Inspector of Police, Gudiyatham Town Police Station. The State authorities shall submit a report with regard to the conduct of the prison inmate before expiry of the period of three months i.e. 05.07.2024. Prison inmate will not leave the State of Tamil Nadu without informing the local Police Station in writing at least three days in advance and shall keep them posted about their whereabouts.

5. Accordingly, writ miscellaneous petition stands allowed.

6. Post the main petition on 01.07.2024.

(M.S.R.,J.) (S.M.,J.) 04.04.2024 Note to Registry:

1.Issue order copy by 05.04.2024.

2.Upload the order copy forthwith.

Anu

Copy to:- 1.The Principal Session Court, Vellore.

2.The Inspector of Police, Gudiyatham Town Police Station.

3.The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai-600 009.

4.The Director General of Police & Director General of Prisons and Correctional Service, Whannels Road, Egmore, Chennai-600 008.

5.The Superintendent of Prisons, Central Prison, Vellore-2.

6.The Public Prosecutor, High Court, Madras.

M.S.RAMESH,J.

and SUNDER MOHAN,J.

Anu 04.04.2024