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Madras High CourtWP/37825/2024disposed of

Suresh Kumar v. The State Of Tamil Nadu

2025-01-08Honourable Mr Justice S.M. Subramaniam,Honourable Mr.Justice M.Jothiraman5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.01.2025 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN W.P.No.37825 of 2024 and W.M.P.No.40892 of 2024 Suresh Kumar ... Petitioner Vs.

1.

The State of Tamil Nadu, Represented by the Chief Secretary to Government of Tamil Nadu, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.

The Director General of Police & Inspector General of Prisons, Gandhi Irwin Road, Egmore, Chennai - 600 008.

The Superintendent of Prisons, Central Prison, Salem.

... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to release the petitioner under premature release by considering the representation dated 16.09.2024 of petitioner namely Suresh Kumar S/o. Jayagopal, aged 57 years, Convict No.9723, Convict Prisoner, now confined at the Central Prison, Salem under G.O.(MS)No.488, and G.O.(Ms) No.430 for premature release of life convicts.

For Petitioner : Mrs.S.Nadhiya For Respondents : Mr.R.Muniyapparaj Additional Public Prosecutor

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The writ of mandamus has been instituted to direct the respondents to release the petitioner namely Suresh Kumar S/o. Jayagopal, aged 57 years bearing Convict No.9723, confined at the Central Prison, Salem prematurely by considering the representation dated 16.09.2024 under G.O.(MS)No.488, and G.O.(Ms) No.430 for premature release of life convicts.

Since the application was submitted on 16.09.2024, we are inclined to direct the first respondent to consider the application with reference to the scheme applicable, if any and pass appropriate orders on merits and in accordance with law within a period of twelve (12) weeks from the date of receipt of a copy of this order.

Accordingly, the Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. [S.M.S., J.] [M.J.R., J.] 08.01.2025 Index :

Yes/No Speaking Order :

Yes/No :

Yes/No veda

To 1.

The State of Tamil Nadu, Represented by the Chief Secretary to Government of Tamil Nadu, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.

The Director General of Police & Inspector General of Prisons, Gandhi Irwin Road, Egmore, Chennai - 600 008.

The Superintendent of Prisons, Central Prison, Salem.

4.

The Public Prosecutor, Madras High Court, Chennai - 600 104.

S.M.SUBRAMANIAM, J.

AND M.JOTHIRAMAN, J.

veda W.P.No.37825 of 2024 and W.M.P.No.40892 of 2024 08.01.2025