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Madras High CourtWMP/28847/2024ordered

Shamma v. The State Represented By Its

2024-09-12Honourable Mr Justice S. M. Subramaniam,Honourable Mr Justice V.Sivagnanam4 pages

S.M.SUBRAMANIAM , J.

and V.SIVAGNANAM, J.

(Order of the Court was made by S.M.SUBRAMANIAM, J.) This petition has been filed seeking to extend the interim bail granted in W.M.P.No.11969 of 2024 in W.P.No.12560 of 2022 dated 04.06.2024 to the husband of the petitioner, namely, convict prisoner Aslam, S/o Jainulapudin, Convict No.18819, from 18.09.2024 until further orders.

2. This Court, vide its order dated 06.10.2023, granted interim bail to the convict prisoner for a period of three months since premature release process was on its last limb based on the orders passed by the Hon'ble Supreme Court in the case of Sikkander vs. The State and others, Special Leave to Appeal (Crl.) No.12784 of 2022. Thereafter, a petition for extension of interim bail was filed by the petitioner, and this Court vide its order dated 08.02.2024 in W.M.P.No.3010 of 2024 in W.P.No.12560 of 2022, extended the interim bail for a further period of three months, which expired on 05.06.2024. Subsequently, the petitioner filed W.M.P.No.11969 of 2024 in W.P.No.12560 of 2022 seeking to extend the interim bail and this Page No.1/4

Court vide its order dated 04.06.2024 has extended the interim bail for a further period of three months from 05.06.2024 till 18.09.2024. 3.The learned Additional Public Prosecutor submitted that the premature release process is still at the same stage and further orders have not been passed so far.

4. While granting interim bail, this Court had directed the State Authorities to submit a report with regard to the prison inmate before expiry of three months. The learned Additional Public Prosecutor has produced the report of the Probation Officer, which stated that the conduct of the convict prisoner was good during the said period of three months.

5. In view of the above facts and also taking note of the fact that the interim bail expires on 18.09.2024, we are inclined to extend the interim bail for a further period of three months on the same conditions as imposed in W.M.P.No.27486 of 2023 in W.P.No.12560 of 2022. 6.This petition stands allowed accordingly, by extending the interim bail for a further period of three (3) months from 19.09.2024 till Page No.2/4

20.12.2024.

7. Call the writ petition on 16.12.2024.

(S.M.S.,J.) (V.S.G.,J.) 12.09.2024 Registry is directed to upload the order forthwith and issue the copy by 13.09.2024 ss Page No.3/4

S.M.SUBRAMANIAM, J.

AND V.SIVAGNANAM, J.

ss W.M.P.No.28847 of 2024 in W.P.No.12560 of 2022 12.09.2024 Page No.4/4