Ranganathan v. The Secretarty To Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.03.2023
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Ranganathan .. Petitioner Vs.
The State represented by its 1.
The Secretary to Government of Tamilnadu, Department of Home, Fort St. George, Chennai - 600 009.
2.
The Deputy Inspector of General of Prison, Kovai Zone, Central Prison Coimbatore, Coimbatore - 641 018.
3.
The Superintendent, Central Prison, Coimbatore.
.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to consider as per the provisions of Tamil Nadu Prison Manual Volume-2, under Suspension of Page Nos.1/16
Sentence Rules Nos.632, 633 and 634 and as per the G.O.(Ms).No.64, in Para (IV) dated 01.02.2018, release the life convict prisoner, the detenue, Balasubramaniam, S/o.Duraisamy, life Convict No.11286, the detenu, detained at Central Prison, Coimbatore, prematurely. For Petitioner :
Dr.S.Manoharan For Respondents :
Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.M.Sylvester John, Advocate
O R D E R
[Order of the Court was made by M.SUNDAR, J.] This order will now dispose of the captioned Writ Petition.
2. This order has to be read in conjunction with and in continuation of earlier proceedings made in the previous listings on 13.10.2022, 19.12.2022 and 24.02.2023, which read as follows:
'Proceedings made on 13.10.2022 As directed by this Court on 12.09.2022, the Inspector of Police, E2 Peelamedu Police Station [L&O], has filed a status report dated 13.10.2022, wherein it is stated that the health condition of the convict prisoner D.Balasubramaniam Page Nos.2/16
[C.T.No.11286/2008] has not improved and he is still under treatment.
2. The Medical Report dated 11.10.2022 given by G.Kuppuswamy Naidu Memorial Hospital, Coimbatore, reads as follows:
"This is to certify that Mr.Balasubramaniam D, OP.No.1058808, is a case of Carcinoma prostate with bone metastasis - stage IV. He received Palliative Radiation therapy to skull and cervical spine 20Gy/5fractions. He was on Inj.Lupride Depot, Tab. Enzalutamide and three monthly Inj. Zoledronic acid. His PSMA PET revealed disease progression. Hence he is planned for Palliative chemotherapy with Docetaxel + PDN + Zoledronic acid + 3 monthly Inj. Lupride * 6 cycles. He received 5th cycle palliative chemotherapy as inpatient on 11.10.2022. His condition was stable on his last visit. He is advised to come for review on 31.10.2022 for next cycle chemotherapy."
3. In view of the same, leave granted by this Court, which has been extended from time to time, is extended till 20.12.2022.
Call on 20.12.2022.'
'Proceedings dated 19.12.2022 This convict prisoner viz., D.Balasubramaniam (Convict No.11286) has been diagnosed for cancer, on Page Nos.3/16
account of which, his ordinary leave is being extended from time to time. The last of such extension was on 13.10.2022 till 20.12.2022.
2. The medical report dated 15.11.2022 issued by G.Kuppuswamy Naidu Memorial Hospital, Coimbatore, reads as under :
"This is to certify that Mr.Balasubramaniam D, OP.No.1058808, is a case of carcinoma prostate with bone metastasis-stage IV. He received Palliative Radiation therapy to skull and cervical spine 20Gy/5fractions. He was on Inj.Lupride Depot, Tab. Enzalutamide and three monthly Inj.Zoledronic acid. His PSMA PET revealed disease progression. Hence he is planned for palliative chemotherapy with Docetaxel + PDN + Zoledronic acid + 3 monthly Inj.Lupride * 6 cycles. He received 6th cycle palliative chemotherapy as inpatient on 14.11.2022. His condition was stable on his last visit. He is advised to come for review on 05.12.2022 with PSA report."
3. In view of the above, the leave that was granted by this Court, which has been extended from time to time, is further extended till 27.02.2023.
Post this matter on 28.02.2023.'
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'Proceedings dated 24.02.2023 Read this in conjunction with and in continuation of earlier proceedings made by Hon'ble predecessor Bench in the previous listing on 19.12.2022. A scanned reproduction of the same reads as follows:
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2. Today, Mr.S.Manoharan, learned counsel for petitioner and Mr.R.Muniyapparaj, learned Additional Public Prosecutor for all the three respondents are before us.
3. The main writ petition seeks premature release interalia under the Tamil Nadu Prison Rules, 1983 ('said Rules' for the sake of brevity). To be noted, the premature release is predicated on G.O.(Ms).No.64 Home (Prison-IV) Department, dated 01.02.2018 (said G.O.) and more particularly Para (IV) thereat.
4. Today, Mr.T.Vijay, learned counsel, who is before us, submits that an impleading application vide SR No.24280 of 2023 dated 21.02.2023 has been filed by one Somasundram and Gopalsamy saying that the convict prisoner is interfering with their possession, which is a civil dispute. We find that earlier, the same two persons sought to implead themselves vide W.M.P.Nos.13800 and 23432 of 2022. The prayer in these two miscellaneous petitions came to be negatived by Hon'ble predecessor Bench in and by a common order dated 13.10.2022. A scanned reproduction of the same reads as follows:
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5. However, it is open to learned counsel to process his impleading petition and bring it up, which will be dealt with on its own merits and in accordance with law. Page Nos.9/16
6. Be that as it may, learned counsel for the petitioner submits that convict prisoner is under stage-IV of cancer and it is unfortunately likely to aggravate. There is not much disputation or contestation qua this medical condition of the convict prisoner as far as the prosecution is concerned. However, prosecution requests for further time to get further instructions and revert to this Court.
7. In the light of the narrative thus far, the leave granted by Hon'ble predecessor Bench and extended from time to time [last extended in and by earlier proceedings dated 19.12.2022 (extracted and reproduced supra)] will now stand extended by a further period of four weeks, i.e. upto 24.03.2023.
8. List the captioned matter before this Court on 21.03.2023.'
3. Today, Dr.S.Manoharan, learned counsel for petitioner and Mr.R.Muniyapparaj, learned State Additional Public Prosecutor assisted by Mr.M.Sylvester John, learned counsel for all respondents are before us.
4. Learned Additional Public Prosecutor submits that the convict prisoner has since been released, i.e., premature release prayer has been acceded to vide G.O.(Ms).No.129 dated 20.03.2023 made by the first Page Nos.10/16
respondent. A copy of this order of premature release has been placed before us and a scanned reproduction of the same is as follows: Page Nos.11/16
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5. In the light of the narrative thus far, captioned Writ Petition is disposed of as closed.
(M.S.,J.) (N.A.V.,J.) 23.03.2023 (1/2) Index : Yes / No Internet : Yes / No Speaking / Non-speaking rsi To 1.
The Secretary to Government of Tamilnadu, Department of Home, Fort St. George, Chennai - 600 009.
2.
The Deputy Inspector of General of Prison, Kovai Zone, Central Prison Coimbatore, Coimbatore - 641 018.
3.
The Superintendent, Central Prison, Coimbatore.
4.
The Public Prosecutor High Court, Madras.
Page Nos.15/16
M.SUNDAR, J.
and N.ANAND VENKATESH, J.
rsi 23.03.2023 (1/2) Page Nos.16/16