Ayyappan v. The State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.11.2023

CORAM

THE HONOURABLE MR. JUSTICE S.S. SUNDAR AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN in W.P.No.31104 of 2023 Ayyappan ... Petitioner Vs.

1.The State rep. By its The Home Secretary, Prison IV Department, Fort St. George, Chennai - 9.

2.The Director General of Prisons and Inspector General of Prisons, Whannels Road, Egmore, Chennai - 8.

3.The Deputy Inspector General of Prisons, Whannels Road, Egmore, Chennai - 8.

4.The Superintendent of Prison, Central Prison at Puzhal I, Thiruvallur District - 600 066.

... Respondents Writ Miscellaneous Petition filed under Article 226 of the Constitution of India to direct the fourth respondent to grant interim

bail until disposal of writ petition pending before this Court to the petitioner Mr.Ayyappan, S/o.Pitchandi.

For Petitioner :

Mr.M.Mohamed Saifulla For Respondents :

Mr.E.Raj Thilak Additional Public Prosecutor assisted by Mr.C.Aravind

O R D E R

(Order of the Court was made by S.S. SUNDAR, J.) In similar cases considering the fact that the Hon'ble Chief Minister has recommended the case of the petitioners therein for premature release based on their request and the same is pending before Hon'ble Governor, this Court has granted interim bail to similarly placed persons subject to conditions.

2. Mr.E.Raj Thilak, learned Additional Public Prosecutor has no serious objection for granting similar relief to the petitioner/prison inmate.

3. The learned counsel appearing for the petitioner states that the condition imposed in similar cases to furnish two solvent sureties is onerous and that instead of two solvent sureties, the prison inmate may be directed to furnish two sureties of which one will be a blood relative.

4. Considering the submissions made on both sides and the orders passed by this Court in similar cases, this Court is inclined to grant interim bail to the petitioner/prison inmate subject to the following conditions:

i.

The prison inmate, namely, Mr.Ayyappan, S/o.Pitchandi, Convict No.1441, who is now confined at Central Prison, Puzhal-I, shall be released as an interim measure for a period of three months subject to furnishing bail bond for the value of Rs.25,000/- (Rupees twenty five thousand only) with two sureties each for a likesum of which one will be a blood relative to the satisfaction of the trial Court [Additional District and Sessions Judge, Kanyakumari]; ii. Prison inmate is directed to report before Thirukurungudi Police Station, Tirunelveli District once in a month. The

State authorities shall submit a report with regard to the conduct of the prison inmate before expiry of the period of three months. Prison inmate 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 his whereabouts.

5.Accordingly, this Writ Miscellaneous Petition is ordered. (S.S.S.R., J.) (S.M., J.) 09.11.2023 Index : Yes / No mmi To 1.The Home Secretary, Prison IV Department, Fort St. George, Chennai - 9.

2.The Director General of Prisons and Inspector General of Prisons, Whannels Road, Egmore, Chennai - 8.

3.The Deputy Inspector General of Prisons, Whannels Road, Egmore, Chennai - 8.

4.The Superintendent of Prison, Central Prison at Puzhal I, Thiruvallur District - 600 066.

5.The Inspector of Police, Thirukurungudi Police Station, Tirunelveli District.

6.The Additional District and Sessions Judge, Kanyakumari.

7.The Public Prosecutor, High Court, Madras.

S.S. SUNDAR , J.

and SUNDER MOHAN, J.

mmi in W.P.No.31104 of 2023 09.11.2023