S.Kumar @ Pushpakumar v. State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.06.2024

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MR.JUSTICE K.RAJASEKAR and W.M.P.(MD) No.2318 of 2024 S.Kumar @ Pushpakumar ... Petitioner -vsState of Tamil Nadu 1.The Additional Chief Secretary to the Government Office of the Additional Chief Secretary to the Government Home (Prison IV) Department Secretariat, St.George Fort Chennai 2.The Additional Director General of Police / Inspector General of Prison No.1, Gandhi Irwin Salai Egmore, Chennai-600 008 3.The Superintendent of Prison Trichirapalli Central Prison Trichirapalli ... 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 as per the premature release by G.O.(Ms) No.488, Home (Prison-IV) Department, dated 15.11.2021 forthwith.

For Petitioner :

Mr.V.Selvakumar For Respondents :

Mr.A.Thiruvadi Kumar Additional Public Prosecutor

O R D E R

[Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] Prayer in this writ petition is to direct the respondents to release the petitioner as per premature release by G.O.(Ms) No.488, Home (Prison-IV) Department, dated 15.11.2021 forthwith.

2. Today, when the matter was taken up for hearing, Mr.A.Thiruvadi Kumar, learned Additional Public Prosecutor appearing for the respondents on instructions, submitted that the representation of the petitioner's daughter dated 23.08.2023 seeking premature release of her father / petitioner has been rejected by the first respondent vide G.O.(D) No.

544, Home (Prison-IV) Department, dated 30.04.2024 and to that effect, he has also produced a copy of the said Government Order before this Court.

3. In view of the above submission of the learned Additional Public Prosecutor, this writ petition is closed with liberty to the petitioner to challenge the said Government Order in G.O.(D) No.544, Home (Prison-IV) Department, dated 30.04.2024, in the manner known to law, if so desired. No costs. Consequently, connected miscellaneous petition is closed. [A.D.J.C., J.] [K.R.S., J.] 03.06.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The Additional Chief Secretary to the Government, Office of the Additional Chief Secretary to the Government, Home (Prison IV) Department, Secretariat, St.George Fort, Chennai.

2.The Additional Director General of Police / Inspector General of Prison, No.1, Gandhi Irwin Salai, Egmore, Chennai-600 008.

3.The Superintendent of Prison, Trichirapalli Central Prison, Trichirapalli.

A.D.JAGADISH CHANDIRA, J.

AND K.RAJASEKAR, J.

krk and W.M.P.(MD) No.2318 of 2024 03.06.2024