S.Ponmuthu v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.04.2023
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR and W.M.P.No.24604 of 2022 in W.P.No.25602 of 2022 S.Ponmuthu .. Petitioner Vs The State of Tamil Nadu Represented by its Principal Secretary, Home Prison (IV) Department, Fort St.George, Chennai - 600 009.
.. Respondent Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondent to consider the representation of the petitioner dated 11.05.2022 in accordance with law by releasing the detenu Shankar, son of Thiyagarajan, now confined in Central Prison, Madurai forthwith. For Petitioner :
Mr.R.Sankarasubbu For Respondents :
Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.M.Sylvester John Page Nos.1/10
ORDER
[Order of the Court was made by M.SUNDAR, J.,] This order will now dispose of captioned writ petition and the captioned 'Writ Miscellaneous Petition' (hereinafter 'WMP' for the sake of convenience and clarity) therein.
2.
This order has to be read in conjunction with and in continuation of earlier proceedings made in the previous listings on 15.03.2023 and 23.03.2023 which read as follows: '15.03.2023 Mr.R.Sankarasubbu, learned counsel for petitioner and Mr.R.Muniyapparaj, learned State Additional Public Prosecutor for respondent are before us. Learned State Additional Public Prosecutor requests for further time for filing counter affidavit. Request acceded to.
2. List one week hence. List on 23.03.2023.
23.03.2023 Read this in conjunction with and in continuation of earlier proceedings made in the previous listing on 15.03.2023.
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2. Today, Mr.R.Sankarasubbu, learned counsel on record for petitioner and Mr.R.Muniyapparaj, learned State Additional Public Prosecutor assisted by Mr.M.Sylvester John, learned Advocate for respondent are before us.
3. On instructions learned State Additional Public Prosecutor submits that the plea is under active consideration and sought for three weeks time saying that a decision is likely to be taken on the same before next listing. Request of learned State Additional Public Prosecutor is acceded to.
4. List three weeks hence. List on 13.04.2023.' 3.
Today, Mr.R.Sankarasubbu, learned counsel for petitioner and Mr.R.Muniyapparaj, learned State Additional Public Prosecutor for respondents are before us.
4.
Adverting to the aforementioned earlier proceedings made in the listing on 23.03.2023, learned Prosecutor submits that the premature release prayer has since been acceded to by remitting the unexpired or unserved period of sentence and ordering release of the convict prisoner. This is vide G.O.(Ms).No.155 Home (Prison-IV) Department dated 05.04.2023 is learned Prosecutor's say and a scanned reproduction of the G.O. as placed before us is as follows: Page Nos.3/10
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5.
Learned counsel for writ petitioner confirms that the convict prisoner has since been released from Central Prison, Madurai and he is now a free bird.
6.
In the light of the narrative thus far, captioned writ petition is disposed of as closed. Consequently, captioned WMP is also disposed of as closed. There shall be no order as to costs. (M.S.,J.) (M.N.K.,J.) 13.04.2023 Index : Yes / No mmi To 1.The Principal Secretary, Home Prison (IV) Department, Fort St.George, Chennai - 600 009.
2.The Public Prosecutor High Court, Madras.
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M.SUNDAR, J., and M.NIRMAL KUMAR , J., mmi 13.04.2023 Page Nos.10/10