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Madras High CourtWP(MD)/545/2023disposed of

Velu.S v. The State Of Tamil Nadu

2023-02-23Honourable Dr Justice G. Jayachandran,Honourable Mr Justice K.K. Ramakrishnan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.02.2023

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN AND THE HONOURABLE MR JUSTICE K.K.RAMAKRISHNAN S.Velu ... Petitioner .Vs.

1.The State of Tamil Nadu, Represented by, The Principal Secretary to Government, Home (Prison) Department, Fort St. George, Chennai-600 009.

2.The Director General of Police/ Director of Prisons and Correctional Services, C.M.D.A.Towers II, No.I, Gandhi Irvin Road, Egmore, Chennai-8.

3.The Superintendent of Prison, Madurai Central prison, Madurai.

... Respondents 1/5

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to direct the respondents to release the petitioner by name Velu, son of Singan, aged about 68 years now confining as life convict at Madurai Central Prison under any appropriate Government Order of the Respondent No.1 Department as it stood on the date of the petitioner's conviction as on 18.12.2007 or in any other premature release scheme or to release him under advisory board proceedings under Rule 341 of the Tamil Nadu Prison Rules 1993 by considering the petitioner's representation, dated 06.12.2022 in accordance with law within the time stipulated by this Court.

For Petitioner : Mr.R.Alagumani For Respondents : Mr.R.Meenakshi Sundaram Additional Public Prosecutor

ORDER

DR G.JAYACHANDRAN,J.

and K.K.RAMAKRISHNAN,J.

This writ petition has been filed seeking premature release of the life convict exercising the power under Rule 341 of the Tamil Nadu Prison Rules 1993.

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2. The petitioner is the life convict and undergoing imprisonment for more than 14 years. He has made a request on 06.12.2022 to consider his case for premature release as it has been considered for the co-accused.

3. The learned Additional Public Prosecutor has taken notice of this writ petition, on instruction, states that the representation of the petitioner, dated 06.12.2022 is under consideration and appropriate orders will be passed in due course.

4. Recording the said submission, this writ petition is disposed of with a direction to the respondents to consider the representation of the petitioner, dated 06.12.2022 for premature release and pass appropriate orders in accordance with law, within a period of six seeks from the date of receipt of a copy of this order. No costs.

[G.J.,J.] [K.K.R.K.,J.] 23.02.2023 Index : Yes / No Internet : Yes / No am 3/5

To 1.The Principal Secretary to Government, Home (Prison) Department, Fort St. George, Chennai-600 009.

2.The Director General of Police/ Director of Prisons and Correctional Services, C.M.D.A.Towers II, No.I, Gandhi Irvin Road, Egmore, Chennai-8.

3.The Superintendent of Prison, Madurai Central prison, Madurai.

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DR G.JAYACHANDRAN,J.

and K.K.RAMAKRISHNAN,J.

am JUDGMENT MADE IN 23.02.2023 5/5