C.Thamilmani @ Mani @ Priyasamy v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.11.2019 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice RMT. TEEKAA RAMAN H.C.P. No. 2183 of 2019 C.Tamilmani @ Mani @ Periyasamy ... Petitioner -vs1.The State of Tamil Nadu rep. by the Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 9.

2.The Director General of Prisons, Gandhi Irwin Road, Egmore, Chennai - 8.

3.The Superintendent of Prisons, Central Prison, Salem - 7.

... Respondents Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the respondents to produce the petitioner C.Tamilmani @ Mani @ Periyasamy, S/o.Chinnasamy, Ct.No.6445, now confined in Central Prison, Salem before this Court and directing the respondents to consider the petitioner immediately under G.O.Ms.No.64 Home (Prison IV) Department dated 01.02.2018 for premature release and set him at liberty.

For Petitioner : Mr.T.Pugalenthi For Respondents : Mr.R.Prathap Kumar Addl. Public Prosecutor

ORDER

[Order of the Court was made by M.M.SUNDRESH, J.] Seeking a direction to the respondents to produce the petitioner C.Tamilmani @ Mani @ Periyasamy, S/o.Chinnasamy, Ct.No.6445, now confined in Central Prison, Salem before this Court and for a consequential direction to consider the petitioner immediately under G.O.Ms.No.64 Home (Prison IV) Department dated 01.02.2018 for premature release and set him at liberty, the present habeas corpus petition has been filed. 2.The petitioner who is undergoing incarceration made a representation on 12.07.2019 seeking premature release on the basis of the Government Order passed in G.O.Ms.No.64 Home (Prison IV) Department dated 01.02.2018 as amended in G.O.Ms.No.302 Home (Prison IV) Department dated 03.05.2018. 3.Taking into consideration the fact that the representation made by the petitioner is pending consideration with the first respondent, without going into the merits, we call upon the first respondent to pass appropriate orders on the same within a period of eight weeks from the date of receipt of a copy of this order.

4.With the above direction, the Habeas Corpus Petition stands disposed of.

s/d- Assistant Registrar(CO) True Copy Sub-Assistant Registrar mmi/ssm To 1.The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 9.

2.The Director General of Prisons, Gandhi Irwin Road, Egmore, Chennai - 8.

3.The Superintendent of Prisons, Central Prison, Salem - 7.

4.The Public Prosecutor, High Court, Madras.

+1 CC to Mr.P. Pugalenthi, Advocate sr 93555 H.C.P. No. 2183 of 2019 RSV(CO) SP(09/12/2019)