S. Prasanth v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.01.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MS.JUSTICE R.POORNIMA and W.M.P.(MD)No.1624 of 2025 S.Prasanth ... Petitioner Vs.

1.The State of Tamil Nadu rep. by The Principal Secretary to Government, Home (Prison-IV) Department, State of Tamil Nadu, Secretariat, St.George Fort, Chennai-9.

2.The Inspector General of Prisons, C.M.D.A.Towers II, No.1, Gandhi Irvin Road, Egmore, Chennai-8.

3.The Deputy Inspector General of Prison, Office of the Deputy Inspector General of Prison, Madurai Division, Madurai Central Prison Campus, Madurai-16.

1/5

4.The Superintendent of Prison, Palayamkottai Central Prison, Tirunelveli District.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus, to direct the respondents to premature release the petitioner's father Soosaimarian @ Sugumaran (Life Convict No.1175) son of Saveriyan aged about 49 years now confining at Central Prison, Palayamkottai have completed more than 16 years of actual sentence on the basis of G.O.Ms.No.430 of 2023, dated 11.08.2023 and on the basis of the Advisory Board Scheme Rule 341(2) of Tamil Nadu Prison Rule 1983 and G.O.Ms.No.596 of 2023, dated 24.11.2023 by considering the petitioner's representation dated 03.12.2024 in accordance with law within a time stipulated by this Court. For Petitioner : Mr.R.Prakash For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor.

O R D E R

(Order of the court was delivered by G.R.Swaminathan, J.) Heard both sides.

2/5

2. The petitioner's father is undergoing life sentence in Central Prison, Palayamkottai. He had so far spent more than 16 years in prison. The petitioner seeks premature release for his father. The representation dated 03.12.2024 has already been given.

3. The first respondent is directed to dispose of the said representation on merits and in accordance with law within a period of four months from the date of receipt of a copy of this order. We have not gone into the merits of the matter. The Writ Petition is disposed of. NO costs. Consequently, connected miscellaneous petition is closed. (G.R.S. J.,) & (R.P. J.,) 28.01.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No rmi To:- 1.The Principal Secretary to Government, Home (Prison-IV) Department, State of Tamil Nadu, Secretariat, St.George Fort, Chennai-9.

3/5

2.The Inspector General of Prisons, C.M.D.A.Towers II, No.1, Gandhi Irvin Road, Egmore, Chennai-8.

3.The Deputy Inspector General of Prison, Office of the Deputy Inspector General of Prison, Madurai Division, Madurai Central Prison Campus, Madurai-16.

4.The Superintendent of Prison, Palayamkottai Central Prison, Tirunelveli District.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

4/5

G.R.SWAMINATHAN, J.

and R.POORNIMA, J.

rmi 28.01.2025 5/5