Madras High CourtCRL OP/9185/2017disposed of

Nallathambi, Aged 27 Yrs v. State Rep.By

2021-08-11Honourable Mr Justice N. Kirubakaran,Honourable Mr Justice V. Parthiban14 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.08.2021 CORAM :

THE HON'BLE MR. JUSTICE N.KIRUBAKARAN and THE HON'BLE MR. JUSTICE V.PARTHIBAN

1. Nallathambi

2. Babu

3. Saravana Kumar

4. Rajaramakrishnan

5. Sridhar

6. Gokul Kumaravel

7. Arulprakash

8. Purushothaman

9. Tamilzh Martin

10. Sivakumar

11. Saravanan

12. Sathiyan

13. Prasanna

14. Vetritamizhan

15. Ponarasu

16. Thomas

17. Mani

18. Thanigaivel

19. Manikandan

20. Rajkumar

21. Gopalakrishnan

22. N.Baskar

23. P.D.Sajjan Raj

24. A.Srinivasarao

25. A.Sakthivel ... Petitioners 1/14

Vs.

1. State Rep. by Inspector of Police T-10, Thirumullaivoyal Police Station Thirumullaivoyal Thiruvallur District.

2. The Home Secretary Government of Tamil Nadu Fort St. George Chennai - 600 009.

3. The Director General of Police Chennai.

4. The Commissioner of Police Chennai.

5. The General Manager Tamil Nadu State Marketing Corporation Ltd.

Chennai.

[R2 to R5 suo motu impleaded by this Court on 05.05.2017]

6. M/s. Quanta Engineers and Promoters (P) Ltd. No.A20, Anna Nagar East 60th Street, Anna Nagar East Chennai - 600 102.

7. M/s. Real Value Promoters (P) Ltd.

Ambojini, No.17-1, Poes Road II Street, Teynampet Chennai - 600 018.

[R6 & R7 suo motu impleaded by this Court on 22.12.2017]

8. Best Vocational Training Centre No.24, II Street, V.O.C. Nagar Tanjore District.

2/14

9. Tr. S.S.R.Rajkumar Honourary Secretary 455, Gochen Home Anna Salai, Chennai - 600 018.

10. Tr. S.N.Janardhanan Secretary No.57, Fort Round Bharathy Salai Vellore - 632 001.

11. Tr. R.Arulappan Additional Public Prosecutor (Retd.), Honourary Secretary No.49, Manickka Salai Anna Nagar, Cuddalore.

12. LN. Tr.Dominic Savior Honourary Secretary No.57, Nethaji Road Villupuram.

13. Tr. Munuvar Honourary Secretary Don Matriculation School Salai Vinayakar Kovil Street Dharmapuri.

14. Tr. T.C.Vijayaraghavan Honourary Secretary (Resigned) No.26, Narayanan Street Peramanur, Salem - 7.

15. Tr. Na.Manoharan Honourary Secretary No.68, Bharathy Colony II Street West Peelamedu, Coimbatore - 641 004.

3/14

16. Tmt. Sundari Subramanian Honourary Secretary No.24, II Street, V.O.C.Nagar Thanjavur.

17. Tr. N.Vallinayagam Honouarary Secretary TNDPAS, No.224 South Veli Street Madurai - 625 001.

18. Tr. Baheeratha Nachiappan Honourary Secretary No.15, Megalai Street Senthil Tamil Nagar Sevagangai.

19. Tr. Ramasamy Honourary Secretary (Resigned) No. 1/358, Bharathi Nagar Collector Office Post Ramanathapuram.

20. Tr. Masilamani Honourary Secretary (Resigned) No.248, Theppam (East) Upstairs, Virdhunagar.

21. Tr. G.Sundar Honourary Secretary No.1, Drowpathy Amman Sannathi Nagapattinam.

22. Probation Officer Honourary Secretary Collectorate Nagerkovil.

4/14

23. Tr. Mehalingam Honourary Secretary 242, Tiruchendur Road Red Cross Compound Palayamkottai Tirunelveli.

24. Tr. N.M.A.Hussain Honourary Secretary Puthu Nagar Main Road 2/319, Samathi Poo Street Mannivakkam, Chennai - 48.

25. Tr. Sevai Govindaraj Honourary Secretary (I/C) DWFC Premises Kalairangam, Trichy.

[R8 to R25 suo motu impleaded as per order of this Court dated 22.12.2017]

26. Gnaneswaran Honourary Treasurer of the Discharged Prisoner's Aid Society No.455, Gochen Home, Anna Salai Chennai - 600 018.

[R26 suo motu impleaded as per order of this Court dated 18.04.2018]

27. Mr. T.S.Saravanan Managing Director M/s. Real Value Promoters No.17-1, Poes Road, II Street Teynampet, Chennai - 18.

[R27 suo motu impleaded as per order of this Court dated 27.04.2018] 5/14

28. The Commissioner of Food Safety, Fifth Floor, DMS Office Building DMS Campus, Teynampet Chennai - 600 006.

29. The SIET College Rep. by its Secretary No.56, K.B.Dasan Road Teynampet Chennai - 600 018.

... Respondents [R29 suo motu impleaded as per order of this Court dated 01.07.2021] Prayer: This Criminal Original Petition filed under Section 439 Cr.P.C. to enlarge the Petitioners on bail in Crime No. 1086 of 2017 on the file of the First Respondent Police, pending investigation.

For Petitioners : Mr. N.Chandrasekaran For Respondents : Mr.Ravikumar Paul Senior Counsel-Amicus Curiae Mr. Babu Muthumeeran (For R1 to R4) Mr. P.Balathandayutham State Government Counsel Mr. K.V.Sridharan (For R14) Mr. K.Sathish Kumar (For R5) Mr. S.Dhayaleswaran (For R7 & R27) Mr. Mushtaq Ahmed (For R13) Mr. T.S.Baskaran (For R9) Mr. M.Murali (For R6) Mr. V.Prem Kumar (For R24) Mr. Pitty Parthasarathy (For R25) Mr. T.Thiyagarajan (For R15) Mr. S.Ganeswaran (For R26) Mr. V.Arulappan /Party-in-person 6/14

(For R11) Mr. S.Subbiah, Senior Counsel For M/s. Elezhebeth Ravi (For R17) Mr. A.Muniapparaj State Government Counsel (Crl. Side)

ORDER

(Order of the Court was made by N.KIRUBAKARAN,J.) The matter was heard through ''Video Conference''. 2.

When the matter is called today, Mr. A.Muniapparaj, Learned State Government Counsel (Criminal Side) has filed a Status Report of the Honourary Secretary, Tamil Nadu Discharged Prisoners' Aid Society, Chennai - 600 006 and Deputy Inspector General of Prisons, Trichy Range, Trichy stating that Members of the Central Committee have been constituted vide G.O. Ms. No.225, Home (Pr.III) Department, dated 08.06.2020 by their designation by virtue of the provisions contained in Clause 6 (1) of the Articles of Association of the said Society. The following officers are made as Members of the Central Committee : -

(1) Deputy Inspector General of Prisons, Chennai Range, Chennai.

(2) Deputy Inspector General of Prisons, Vellore Range, Vellore.

(3) Deputy Inspector General of Prisons, Trichy Range, Trichy.

(4) Deputy Inspector General of Prisons, 7/14

Coimbatore Range, Coimbatore.

(5) Deputy Inspector General of Prisons, Madurai Range, Madurai.

As per clause 13 of the Articles of Association, the Central Committee shall carry on the work of the society and it shall be responsible not only for the entire administration of State Level Committee, but also for District Level Committee. Certain amendments have been proposed to be made in the Articles of Association of Tamilnadu Discharged Prisoners' Aid Society, which are necessary.

However, it is suggested by Mr. Ravikumar Paul, Learned Senior Counsel, who is appointed by this Court as Amicus Curiae that a Member from the Tamil Nadu State Legal Services Authority could also be an Ex-officio Member of the Central Committee, which has to be constituted as per G.O. Ms. No.225, Home (Pr.III) Department, dated 08.06.2020. Therefore, the said G.O.Ms. No.225, Home (Pr.III) Department, dated 08.06.2020 is required to be amended to include a nominee from the Tamil Nadu State Legal Services Authority as Ex-officio Member of the Central Committee. The Central Committee shall look after not only the entire administration of State Level Committee, but also District Level Committee including interest of the discharged Prisoners.

8/14

With regard to the payment to be made by the Seventh Respondent is concerned, as per the undertaking given during the earlier hearing on 29.07.2021, arrears have to be paid by August, 2022. The said order is not modified and the Seventh Respondent shall pay the amount within that period. Hence, no further orders are required in this matter. 5.

With the above directions, this Criminal Original Petition is disposed of. [N.K.K., J.] [V.P.N., J.] 11.08.2021 Maya Speaking Order/Non-speaking Order Index :Yes/No Internet:Yes/No To

1. The Inspector of Police T-10, Thirumullaivoyal Police Station Thirumullaivoyal Thiruvallur District.