Saifunnisa 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 Saifunnisa ... Petitioner 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, Kovai.
... Respondents Prayer: Writ Miscellaneous Petition filed under Article 226 of the Constitution of India directing the respondents to release the detenu Mohammed Zubair @ Sheik Janu, son of Sheik Mohideen, aged about 52 years, Convict No.3243, detained at Central Prison, Kovai-18 on interim bail until disposal of the writ petition.
For Petitioner :
Dr.S.Manoharan For Respondents :
Mr.E.Raj Thilak Additional Public Prosecutor assisted by Mr.C.Aravind
ORDER
[Order of the Court was made by S.S. SUNDAR, J.] (1)The Writ Miscellaneous Petition has been filed by the writ petitioner, sister of the detenu Mohammed Zubair @ Sheik Janu, son of Sheik Mohideen, aged about 52 years, Convict No.3243, seeking interim bail to the detenu, until the disposal of the writ petition. (2)In the above Miscellaneous Petition, the petitioner has prayed for premature release of her husband. However, it is stated that the petitioner's request for premature release is pending before the Hon'ble Governor.
(3)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 case, 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 therein are in prison for more than 23 years, has granted interim bail to the petitioners therein subject to conditions. He also submitted that the detenu is unwell. Hence, he has no serious objections for passing similar orders subject to same conditions. (4)In view of the factual matrix, this Court is inclined to grant interim bail to the detenu, Mohammed Zubair @ Sheik Janu, son of Sheik Mohideen, aged about 52 years, Convict No.3243, subject to the following conditions :
i. The prison inmate, namely, Mohammed Zubair @ Sheik Janu, son of Sheik Mohideen, aged about 52 years, Convict No.3243, who is now confined at Central Prison, Coimbatore, shall be released as an interim measure for a period of three months subject to his execution
of a bond for a value of Rs.25,000/- (Rupees twenty five thousand only) with two sureties, each for a likesum, [one of the sureties should be a blood relative] to the satisfaction of the Trial Court [Additional Court of Sessions [Fast Track Court III], Coimbatore]. ii. Prison inmate is directed to report once in a week to the local Police Station (B12 Ukkadam Police Station, Coimbatore). 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, the Writ Miscellaneous Petition is ordered. [SSSRJ] [SMJ] 09.11.2023 AP Internet : Yes NOTE:- Issue order copy on 10.11.2023
To 1.The Additional Court of Sessions [Fast Track Court III], Coimbatore.
2.The Secretary to Government of Tamil Nadu, Department of Home, Fort St. George, Chennai - 600 009.
3.The Superintendent, Central Prison, Kovai.
4.The Public Prosecutor, High Court, Madras.
COPY To:- The Inspector of Police B-12 Ukkadam Police Station Coimbatore.
S.S. SUNDAR , J.
and SUNDER MOHAN, J.
AP WMP.No.31581/2023 in WP.No.32003/2023 09.11.2023