P.Poonuthyammal v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.11.2018
CORAM:
THE HONOURABLE Mr. JUSTICE C.T.SELVAM AND THE HONOURABLE Mrs. JUSTICE S.RAMATHILAGAM H.C.P.No.2469 of 2018 P.Poonuthyammal ... Petitioner -Vs1.
The State of Tamil Nadu Rep. by Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.
2.
The Additional Director General of Police and Inspector General of Prisons, Gandhi Irwin Road, Egmore, Chennai-600 008.
3.
The Superintendent of Prison, Central Prison, Vellore.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the respondents to produce the petitioner's son namely Kannan @ Veera Krishnan Son of Palanisamy (Freedom Fighter), aged about 60 years, Life Convict No.1369, confined in the Central Prison, Vellore before this Court and set him at liberty. For Petitioner :
Mr.P.Pugalenthi For Respondents:
Mr.R.Prathap Kumar Additional Public Prosecutor
ORDER
[Order of the Court was made by C.T.SELVAM, J.] Petitioner, who is the mother of Convict Prisoner viz., Kannan @ Veera Krishnan (Convict No.1369 housed in Central Prison, Vellore), S/o.Palanisamy (Freedom Fighter), has moved the present petition seeking relief under G.O.(Ms) No.1155, Home (Prison-IV) Department dated *11.09.2008.
2. Heard learned counsel for petitioner, as also learned Additional Public Prosecutor for respondents.
3. Convict prisoner faced trial in **S.C.NO.15 of 1991 on the file of learned Principal Sessions Judge, Dindugal District. After trial, Trial Court convicted him u/s 302, 201 & 498-A IPC and sentenced to undergo Life Imprisonment for offence u/s 302 IPC and 5 years R.I for offence u/s 201 IPC and 1 year R.I for offence u/s 498-A IPC.
4. Petitioner has made a representation on 27.09.2018 to the respondents informing the application of G.O.(Ms).No.1155, Home (Prison-IV) Department dated *11.09.2008 in the case of her son/convict prisoner and seeking relief thereunder. The said representation has been rejected by third respondent in his proceedings dated 31.10.2018.
5. A perusal of the proceedings reveal the reason informed by the third respondent is that the convict prisoner is convicted for offence u/s 498(A) IPC and as such he is ineligible under the said G.O.(Ms).No.1155.
6. This Court has, in HCP No.3333 of 2013 considered a similar case and under orders dated 22.01.2014 granted relief informing the exclusion of person attracting offence punishable under Section 498-A IPC from release under the said G.O.(Ms). No.1155 to be erroneous. Following the same, this Court would consider it appropriate to allow this Habeas Corpus Petition.
7. Accordingly, this Habeas Corpus Petition shall stand allowed. The detenu viz., Kannan @ Veera Krishnan (Convict No.1369 housed in Central Prison, Vellore), S/o.Palanisamy (Freedom Fighter), aged 60 years is directed to be released
forthwith in terms of G.O.Ms.No.1155 Home [Prison-IV] Department dated *11.09.2008 unless his presence is required in any other case.
Sd/- Deputy Registrar Dated:27/11/2018 * Corrected as per order dated 10.12.2018 made in H.C.P.No. 2469 of 2018 Sd/- Assistant Registrar(CS VIII) Dated: 10/12/2018) **Corrected as per order dated 04/01/2019 made in HCP.NO.2469/2018 Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar kmi To:
1.The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.
To be Substitued for the Order 2.The Additional Director General of Police already despatched and Inspector General of Prisons, on 28/11/2018 Gandhi Irwin Road, Egmore, Chennai-600 008.
To be Substitued for the Order 3.The Superintendent of Prison, already despatched Central Prison, on 11/12/2018 Vellore.
4.The Public Prosecutor, High Court, Madras.
+2cc to Mr.P.Pugalenthi, Advocate Sr.84860 +1cc to Mr.P.Pugalenthi, Advocate sr.no.776 H.C.P.No.2469 of 2018 srg 27/11/2018 GN(10/12/2018) nr 09/01/2019