Barijan v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.10.2023 CORAM :

THE HONOURABLE MR. JUSTICE S.S. SUNDAR AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN in W.P.Nos.10020 of 2021, 34215, 12560 of 2022 & 2521 of 2023 Barijan ... Petitioner in W.M.P.No.27483 of 2023 A.Savithriammal ... Petitioner in W.M.P.No.27485 of 2023 Shamma ... Petitioner in W.M.P.No.27486 of 2023 Katheeja ... Petitioner in W.M.P.No.27591 of 2023 Vs.

The State represented by 1.The Secretary to Government of Tamil Nadu, Department of Home, Fort St. George, Chennai - 600 009.

2.The Superintendent, Central Prison, Coimbatore.

... Respondents in W.M.P.No.27483 of 2023 The State represented by its 1.The Secretary to Government of Tamil Nadu, Department of Home, Fort St. George, Chennai - 600 009.

2.The Deputy Inspector General of Prison, Coimbatore Range, Coimbatore.

3.The Superintendent, Central Prison, Coimbatore - 641 018.

... Respondents in W.M.P.No.27485 of 2023 The State represented by its 1.The Government of Tamil Nadu, Represented by its Additional Chief Secretary to Government, Home (Prison IV) Department, Fort St. George, Chennai - 600 009.

2.The Additional Director General of Prisons, Thalamuthu Natarajan Maaligai, 2nd Floor, Gandhi Irwin Road, Egmore, Chennai - 8.

3.The Superintendent of Central Prison, Coimbatore, Coimbatore.

... Respondents in W.M.P.No.27486 of 2023 The State represented by 1.The Secretary to Government of Tamil Nadu, Department of Home, Fort St. George, Chennai - 600 009.

2.The Superintendent, Central Prison, Puzhal, Chennai.

... Respondents in W.M.P.No.27591 of 2023 Prayer in W.M.P.No.27483 of 2023 : Writ Miscellaneous Petition filed under Article 226 of the Constitution of India directing the respondents to release the petitioner on interim bail until the disposal of the writ petition to the detenue, Shahul Hameed, S/o.Ibrahim, aged about 50 years, Convict No.18818, detained at Central Prison, Coimbatore. Prayer in W.M.P.No.27485 of 2023 : Writ Miscellaneous Petition filed under Article 226 of the Constitution of India directing the respondents to release the petitioner on interim bail until the disposal of the writ petition to the detenue, Kamal @ Poorikamal, S/o.Amar Singh, aged about 44 years, Convict No.2806, confined at Central Prison, Coimbatore.

Prayer in W.M.P.No.27486 of 2023 : Writ Miscellaneous Petition filed under Article 226 of the Constitution of India directing the respondents to release the petitioner on interim bail until the disposal of the writ petition to the detenue, Aslam, S/o.Jainulapudin, Convict No.18819, confined at Central Prison, Coimbatore.

Prayer in W.M.P.No.27591 of 2023 : Writ Miscellaneous Petition filed under Article 226 of the Constitution of India directing the respondents to release the detenue, Jakir Hussain, S/o.Salaudeen, Convict No.1770, confined at Central Prison, Puzhal, Chennai, on interim bail until the disposal of the writ petition.

For Petitioner :

Mr.S.Manoharan in all petitions For Respondents :

Mr.E.Raj Thilak Additional Public Prosecutor C O M M O N O R D E R (Order of the Court was made by S.S. SUNDAR, J.) These Writ Miscellaneous Petitions have been filed by the writ petitioners seeking interim bail to the detenues, until the disposal of the writ

petitions.

2.In all the above writ petitions, the petitioners in the respective writ petitions have prayed for premature release. However, it is stated that the petitioners' request for premature release is pending before the Hon'ble Governor. The learned Additional Public Prosecutor, on instructions, submitted that the earlier case in W.M.P.No.27482 of 2023 in W.P.No.16127 of 2020 as well the present cases, do not fall under the Advisory Board Scheme. It is also stated that, on the basis of the report of Hon'ble Mr.Justice N.Authinathan Committee, orders have been obtained from the Hon'ble Chief Minister of Tamil Nadu and it is now pending before the Hon'ble Governor for approval.

Recording the facts relating to the decision of the State Government, the previous Bench of this Court, in several other cases, taking note of the fact that the matter relating to premature release is now pending before the Hon'ble Governor and also taking note of the fact that the petitioners are in prison for more than 23 years, has granted interim bail to the petitioners therein subject to conditions.

subject to same conditions.

3.In view of the factual matrix, this Court is inclined to grant interim bail subject to the following conditions :

i. The prison inmates, namely, (i) Shahul Hameed, S/o.Ibrahim, aged about 50 years (Convict No.18818), (ii) Kamal @ Poorikamal, S/o.Amar Singh, aged about 44 years (Convict No.2806), (iii) Aslam, S/o.Jainulapudin, (Convict No.18819), who are now lodged at Central Prison, Coimbatore, and (iv) Jakir Hussain, S/o.Salaudeen (Convict No.1770) who is now confined at Central Prison, Puzhal, shall be released as an interim measure for a period of three months subject to their furnishing bail bonds of value of Rs.25,000/- (Rupees twenty five thousand only) each with two solvent sureties each for a likesum to the satisfaction of the respective trial Courts [The Additional Sessions Judge (Fast Track Court No.III), Coimbatore in respect of W.M.P.Nos.27483 & 27591 of 2023, The Principal Sessions Judge, Coimbatore, in respect of W.M.P.No.27485 of 2023 and The Additional District and Sessions Judge (Fast Track Court No.II),

Madurai, in respect of W.M.P.No.27486 of 2023]. ii. Prison inmates are directed to report once in a month to the local Police Station (B1 Bazaar Police Station, Coimbatore). The State authorities shall submit a report with regard to the conduct of the prison inmates before expiry of the period of three months. Prison inmates will not leave the State of Tamil Nadu without informing the local Police Station in writing at least three days in advance and shall keep them posted about their whereabouts.

4.Accordingly, these Writ Miscellaneous Petitions are ordered. (S.S.S.R., J.) (S.M., J.) 06.10.2023 mkn Internet : Yes Index : Yes / No To 1.The Principal Sessions Judge, Coimbatore.

2.The Additional Sessions Judge, (Fast Track Court No.III), Coimbatore.

3.The Additional District and Sessions Judge, (Fast Track Court No.II), Madurai.

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

5.The Secretary to Government of Tamil Nadu, Department of Home, Fort St. George, Chennai - 600 009.

6.The Additional Director General of Prisons, Thalamuthu Natarajan Maaligai, 2nd Floor, Gandhi Irwin Road, Egmore, Chennai - 8.

7.The Deputy Inspector General of Prison, Coimbatore Range, Coimbatore.

8.The Superintendent, Central Prison, Coimbatore - 641 018.

9.The Superintendent, Central Prison, Puzhal, Chennai.

10.The Public Prosecutor, High Court, Madras.

S.S. SUNDAR , J.

and SUNDER MOHAN, J.

mkn W.M.P.Nos.27483, 27485, 27486 & 27591 of 2023 in W.P.Nos.10020 of 2021, 34215, 12560 of 2022 & 2521 of 2023 06.10.2023