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Madras High CourtWMP/11359/2024allowed

B.Mubeena v. The State Represented By Its

2024-04-16Honourable Mr Justice M.S. Ramesh,Honourable Mr Justice Sunder Mohan4 pages

M.S.RAMESH, J.

and SUNDER MOHAN, J.

[Order of the Court was made by M.S.RAMESH, J.] This petition has been filed to extend the interim bail granted to the detenu, S.A.Basha, S/o.Abdhul Rehman, Convict No.3244, confined at Central Prison, Coimbatore in WMP.No.878 of 2024 in WP.No.30464 of 2023, order dated 11.01.2024 from 19.04.2024 until the disposal of the above Writ Petition.

2. Admittedly, the petitioner's request for premature release of the detenu was considered favaourably by the State Government based on the recommendation of the Hon'ble Justice Thiru.N.Authinathan Committee and orders have been obtained from the Hon'ble Chief Minister and also circulated to the Hon'ble Governor.

3. This Court, by order dated 18.10.2023, already granted interim bail to the detenu for a period of three months since premature release process was on its last limb based on the orders passed by the Hon'ble Supreme Court in the case of Sikkander vs. The State and others, Special Leave to Appeal (Crl.) No.12784 of 2022. Thereafter, a petition for extension of interim bail was filed

by the petitioner, and this Court vide its order dated 11.01.2024 in W.M.P.No.878 of 2024, extended the interim bail for a period of three months which expires on 19.04.2024.

4. The learned Additional Public Prosecutor submitted that the premature release process is still at the same stage and further orders have not been so far passed.

5.While granting interim bail, this Court had directed the State Authorities to submit a report with regard to the prison inmate before expiry of three months. The learned Additional Public Prosecutor had produced the report of the Probation Officer, which stated that the conduct of the detenu was good during the said period of three months.

6. In view of the above facts and also taking note of the fact that the interim bail expires on 19.04.2024, we are inclined to extend the interim bail for further period of three months on the same conditions imposed in WMP.No.30083 of 2023. Accordingly, this petition is allowed, by granting interim bail for a period of three months from 19.04.2024 till 19.07.2024.

7. Call the matter on 12.07.2024.

[M.S.R., J] [S.M., J] 16.04.2024 Note to office:

Issue order copy by 18.04.2024 Upload the order forthwith Anu

M.S.RAMESH, J.

and SUNDER MOHAN, J.

Anu 16.04.2024