A.Sathishkumar v. The Home Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.01.2024 CORAM :

THE HON'BLE MR. JUSTICE M.S.RAMESH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN A.Sathiskumar

...Petitioner

vs.

1. The Home Secretary, Home Department, Secretariat, Fort St. George, Chennai - 600 009.

2. The Director General of Police and Inspector General of Prisons, Whannels Road, Egmore, Chennai - 600 008.

3. The Deputy Director General of Prison, O/o.Deputy Director General of Prison, Vellore Central Prison, Vellore District.

4. The Superintendent of Prison, Cuddalore Central Prison, Cuddalore District.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India,

praying for issuance of a Writ of Mandamus, directing the respondents to premature release of the Life Convict Mr.Suresh @ Sureshpandi @ Sureshkumar S/o.Arjunan CT-14927 as per the G.O.488 Home (Pri-IV) Dept in pursuant to petitioner representation to the respondents dated on 04.11.2023.

For Petitioner ::

Mr.P.Muthamizhselvakumar For Respondents ::

Mr.E.Raj Thilak Additional Public Prosecutor

ORDER

(Order of the Court was made by M.S.RAMESH,J.) The petitioner, who is the brother of the life convict viz., Suresh @ Sureshpandi @ Sureshkumar S/o.Arjunan (CT-14927), confined in Central Prison, Cuddalore, has come forward with this writ petition to direct the respondents to consider his representation dated 04.11.2023 for premature release of his brother/Convict Prisoner.

2. The petitioner states that his brother has completed 18 years of sentence and his brother's name is found in the Board's recommendation list for premature release. Therefore, he had sent a representation to the respondents on 04.11.2023. Since the same has not been considered till

date, he has come forward with this writ petition. 3.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. 4.Having regard to the limited scope of the prayer in the writ petition, this Court, without going into the merits of the petitioner's representation or the contentions of the petitioner in the affidavit filed in support of this writ petition, directs the respondents to consider the representation of the petitioner, dated 04.11.2023 for premature release of his brother/Convict Prisoner viz., Suresh @ Sureshpandi @ Sureshkumar S/o.Arjunan (CT14927), confined now in Central Prison, Cuddalore 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, and communicate the same to the petitioner.

5.With the above direction, this writ petition is disposed of. (M.S.R.,J.) (S.M.,J.) 31.01.2024

ars Index : Yes / No

M.S.RAMESH,J.

AND SUNDER MOHAN,J.

ars To

1. The Home Secretary, Home Department, Secretariat, Fort St. George, Chennai - 600 009.

2. The Director General of Police and Inspector General of Prisons, Whannels Road, Egmore, Chennai - 600 008.

3. The Deputy Director General of Prison, O/o.Deputy Director General of Prison, Vellore Central Prison, Vellore District.

4. The Superintendent of Prison, Cuddalore Central Prison, Cuddalore District.

5. The Public Prosecutor, High Court, Madras.

31.01.2024