D.Bagyam v. The State Rep. By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.01.2025 CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN and WMP.No.38501 of 2024 Mrs.D.Bagyam ... Petitioner Vs.
The State rep by its The Additional Chief Secretary to Government Home (Prison- IVA) Department, Secretariat, Fort St.George, Chennai - 600 009.
2.The Director General of Prisons Gandhi Irwin Road, CMDA Building 2nd Tower, Egmore, Chennai - 600 008.
3.The Superintendent of Prisons, Central Prison at Trichy - 20.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, to direct the first respondent to release the son of the petitioner/convict namely Mr.D.Karthikeyan s/o.Dulasi @ Dulasidoss (LCT.No.21122) confining at 3rd respondent herein by considering petitioner's son/Convict representation dated 16.11.2023 and 10.10.2024.
For Petitioner : Mr.M.Mohamed Saifulla For Respondents : Mr.R.Muniyapparaj Additional Public Prosecutor
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J.) The petitioner has submitted representations seeking premature release of the convict prisoner Mr.D.Karthikeyan s/o.Dulasi @ Dulasidoss - Convict No.21122, the prisoner is now confined at Central Prison, Trichy.
2. The learned Additional Public Prosecutor would submit that the application seeking premature release is under active consideration of the Government.
3. The learned counsel for the petitioner would submit that the coaccused has already been released prematurely by the Government and the similar consideration is to be shown in favour of the convict prisoner in the present case. However, it is for the respondents to consider all these aspects on merits and to take a decision and pass orders.
4. We direct the first respondent to consider the application submitted seeking premature release of the convict prisoner and pass appropriate orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.
5. Accordingly, the Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. [S.M.S., J.] [M.J.R., J.] 02.01.2025 Index: Yes/No Speaking/Non-speaking order tsh To The State rep by its The Additional Chief Secretary to Government Home (Prison- IVA) Department, Secretariat, Fort St.George, Chennai - 600 009.
2.The Director General of Prisons Gandhi Irwin Road, CMDA Building 2nd Tower, Egmore, Chennai - 600 008.
3.The Superintendent of Prisons, Central Prison at Trichy - 20.
S.M.SUBRAMANIAM, J.
AND M.JOTHIRAMAN, J.
tsh 02.01.2025