Saravanan, v. The Principal Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.10.2024 CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE V.SIVAGNANAM in W.P.No.25321 of 2024 Saravanan ... Petitioner Vs.
1.The Principal Secretary, Home, Prohibition and Excise Department, Home (Prison-IV) Department, Government of Tamil Nadu, Namakkal Kavignar Maaligai, Fort St. George, Chennai - 600 009.
2.The Director General of Prison, Director General of Prisons and Correctional Services, Whannels Road, Egmore, Chennai - 600 008.
3.The Superintendent of Prison, Central Prison - I, Puzhal, Chennai - 600 066.
... Respondents
Prayer: Writ Miscellaneous Petition filed under Article 226 of the Constitution of India, to grant leave of 90 days to the petitioner pending disposal of the writ petition.
For Petitioner : Mr.Prakash Goklaney For Respondents : Mr.E.Raj Thilak Additional Public Prosecutor
O R D E R
[Order of the Court is made by S.M.SUBRAMANIAM, J.] The writ miscellaneous petition has been filed to grant leave of 90 days to the petitioner pending disposal of the writ petition.
2. The learned counsel for the petitioner would submit that the petitioner submitted an application seeking premature release under the scheme formulated by the Government in G.O.Ms.No.430, Home (Prison-IV) Department dated 11.08.2023. The said application was scrutinised and processed by the Government. Thereafter, the Government passed a rejection order in G.O.(D).No.305, Home (Prison-IV) Department dated 11.03.2024 and hence, he seeks for interim bail.
3. The learned Additional Public Prosecutor appearing on behalf of the respondents has no serious objection to grant interim bail to the petitioner / convict prisoner.
4. In view of the fact that we have set aside the rejection order passed by the Government in G.O.(D).No.305, dated 30.04.2024 of the premature release of the petitioner under the scheme for remission and remitted for fresh consideration and considering the factual situation of the convict prisoner is actually undergoing imprisonment for more than 15 years, we are inclined to grant interim bail to the petitioner.
5. Considering the fact that since the writ petition itself is allowed today, this Court is inclined to grant interim bail on the following conditions; (1)The petitioner /Convict Prisoner viz., Saravanan S/o.Angusamy, aged about 46 years, bearing Convict No.9820, now confined at Central Prison, Puzhal, Chennai, is ordered to be released on interim bail on his executing a own bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) to the satisfaction of the Superintendent, Central Prison, Puzhal, Chennai.
(2)The petitioner / convict prisoner 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 his whereabouts.
(3)The interim bail granted in the present petition is subject to the outcome of the final order to be passed by the Government on the premature release of the petitioner in pursuant to the orders of this Court dated 28.10.2024 in W.P.No.25321 of 2024.
6. Accordingly, this Writ Miscellaneous Petition stands allowed. [S.M.S., J.] [V.S.G., J.] 28.10.2024 (2/2) Index : Yes Speaking order / Non-speaking order Jeni
To 1.The Principal Secretary, Home, Prohibition and Excise Department, Home (Prison-IV) Department, Government of Tamil Nadu, Namakkal Kavignar Maaligai, Fort St. George, Chennai - 600 009.
2.The Director General of Prison, Director General of Prisons and Correctional Services, Whannels Road, Egmore, Chennai - 600 008.
3.The Superintendent of Prison, Central Prison - I, Puzhal, Chennai - 600 066.
4.The Additional Public Prosecutor, Madras High Court.
S.M.SUBRAMANIAM, J.
AND V.SIVAGNANAM, J.
Jeni in W.P.No.25321 of 2024 28.10.2024 (2/2)