Navaneetham 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.39492 of 2024 Navaneetham ... Petitioner Vs.

The State rep by its The Secretary to Government of Tamil Nadu Department of Home (Prison Department IV) Fort St.George, Chennai - 600 009.

2. The Superintendent Puzhal Central Prisons, Puzhal - 600 066.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, to direct the respondents to consider the representation dated 24.10.2024 and consecutively release the detenue, Mohan @ Appu s/o.Thangaraj aged about 39 years CT.No.5832 confined at Central Prison, Puzhal as per the GO.Ms.No.488 dated 15.11.2021. For Petitioner : Mr.S.Manoharan

For Respondents : Mr.R.Muniyapparaj Additional Public Prosecutor

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The petitioner has submitted representation seeking premature release of the convict prisoner Mohan @ Appu s/o.Thangaraj - Convict No.5832, the prisoner is now confined at Central Prison, Puzhal.

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 Secretary to Government of Tamil Nadu Department of Home (Prison Department IV) Fort St.George, Chennai - 600 009.

2. The Superintendent Puzhal Central Prisons, Puzhal - 600 066.

S.M.SUBRAMANIAM, J.

AND M.JOTHIRAMAN, J.

tsh 02.01.2025