M.Basheera v. The State Represented By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.11.2024 CORAM :
THE HON'BLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE M.JOTHIRAMAN M.Basheera ..
Petitioner v.
The State represented by its
1. The Secretary to Government of Tamil Nadu Home (Prison-IV) Department Fort St.George Chennai 600 009
2. The Deputy Inspector General of Prison Chennai Range Egmore, Chennai 600 008
3. The Superintendent Central Prison, Puzhal-I Chennai 600 066 ..
Respondents Writ Miscellaneous Petition filed under Article 226 of the Constitution of India, praying to grant interim bail to the life convict Manirathinam, S/o Sundar, aged 34 years, Convict No.4752, pending disposal of the representation concerned in W.P.No.28480 of 2024.
For Petitioner ::
Dr.S.Manoharan For Respondents ::
Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.M.Sylvester John, Advocate
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM,J.) This writ miscellaneous petition has been filed by the petitioner seeking interim bail to the life convict, namely, Manirathinam, S/o Sundar, aged 34 years, Convict.No.4752, pending disposal of the representation dated 07.08.2024 concerned in W.P.No.28480 of 2024.
2. The learned Additional Public Prosecutor would submit that the Medical Board, during examination, found that the convict prisoner is unfit for cancer treatment, since it is in advanced stage. The Medical Board recommended for palliative supportive care and advised in-patient care. The learned Additional Public Prosecutor would further submit that based on the report of the Medical Board, the case of the prisoner has already been placed before the Government for premature release.
3. In view of the above factum, we are inclined to grant interim bail to the prisoner subject to the following conditions:- (i) The prisoner, namely, Manirathinam, S/o Sundar, aged 34 years, Convict No.4752, who is confined in Central Prison-I, Puzhal, Chennai, shall be released as an interim measure for a period of eight weeks subject to his furnishing personal bond to the value of Rs.5,000/- (Rupees five thousand only) to the satisfaction of the trial Court [learned III Additional Sessions Judge, Chennai]. (ii) The prisoner shall report before the M-4 Red Hills Police Station on every Monday at 10.30 A.M.
(iii)The prisoner shall surrender before the Superintendent, Central Prison-I, Puzhal at 05.30 P.M., on 06.01.2025. The writ miscellaneous petition stands disposed of accordingly. Index : yes (S.M.S.,J.) (M.J.R.,J.) 11.11.2024 ss To
1. The III Additional Sessions Judge Chennai
2. The Secretary to Government of Tamil Nadu
Home (Prison-IV) Department Fort St.George Chennai 600 009
3. The Deputy Inspector General of Prison Chennai Range Egmore, Chennai 600 008
4. The Superintendent Central Prison, Puzhal-I Chennai 600 066
5. The Inspector of Police M-4 Red Hills Police Station Chennai
6. The Public Prosecutor High Court, Madras
S.M.SUBRAMANIAM,J.
AND M.JOTHIRAMAN,J.
ss W.M.P.No.31054 of 2024 in W.P.No.28480 of 2024 11.11.2024