N.Jayakumar v. The State Of Tamil Nadu

2024:MHC:3893

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 N.Jayakumar ... Petitioner Vs.

1.The State of Tamil Nadu, Represented by Additional Chief Secretary to Government, Department of Home (Prison IV), Fort St. George, Chennai - 600 009.

2.The Additional Director General of Police/ Inspector General of Prisons, Egmore, Chennai - 600 008.

3.The Superintendent of Prison, Central Prison - I, Puzhal, Chennai - 600 066.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, calling for the

records of the 1st respondnt in G.O.(D).No.425 dated 02.04.2024 and quash the same and further direct the 1st respondent to premature release of the petitioner without any further delay.

For Petitioner : Mr.G.Ravikumar 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 petition has been instituted challenging the rejection of premature release made by the Government in G.O.(D).No.425, Home (Prison-IV) Department dated 02.04.2024.

2. The learned counsel for the petitioner would submit that though the premature release of the prisoner was rejected by the advisory scheme, he would be otherwise eligible to secure premature release under the scheme implemented in G.O.Ms.No.430, Home (Prison-IV) Department dated 11.08.2023.

3. In view of the fact that the petitioner now claims eligibility for premature release under G.O.Ms.No.430, Home (Prison-IV) Department dated 11.08.2023, he is at liberty to submit a fresh application seeking premature release under the said scheme. In the event of receiving any such application, the 1st respondent / Government is directed to consider the same with reference to the terms and conditions under the scheme and pass appropriate orders as expeditiously as possible and preferably within a period of four (4) months from the date of receipt of a copy of the application from the writ petitioner / prisoner.

4. Accordingly, the Writ Petition stands disposed of. No costs. [S.M.S., J.] [V.S.G., J.] 28.10.2024 Index : Yes Speaking order / Non-speaking order Jeni

To 1.The Additional Chief Secretary to Government, The State of Tamil Nadu, Department of Home (Prison IV), Fort St. George, Chennai - 600 009.

2.The Additional Director General of Police/ Inspector General of Prisons, 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 28.10.2024