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Madras High CourtWP(MD)/3993/2025disposed of

Ramila Beevi v. State Of Tamil Nadu Represented By

2025-02-21Honourable Dr Justice G. Jayachandran,Honourable Ms.Justice R. Poornima6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.02.2025

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN AND THE HONOURABLE MS JUSTICE R.POORNIMA W.P(MD)No.3993 of 2025 Ramila Beevi ... Petitioner .Vs.

1.The State of Tamil Nadu, represented by The Principal Secretary, Home, Prohibition and Excise Department, State of Tamil Nadu, Secretariat, St.George Fort, Chennai - 600 009.

2.The Director General of Prison and Correctional Services, Tamil Nadu Prison Department, No.6, Whennals Road, Egmore, Chennai - 600 008.

3.The Deputy Inspector General of Prison and Correctional Services, Office of DIG Prisons, Trichy Range, Trichy - 620 023.

4.The Superintendent of Prison Special Prison for Women, Trichy - 620 008.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of 1/6

India, praying for issuance of a Writ of Mandamus directing the respondents to release the Petitioner by name Ramila Beevi, wife of Abdul Gafoor(FCP No.4869), aged 44 years now confining as convict Prisoner in Special Prison for Women, Trichy under Government Order in G.O(Ms)No.430, Home(Prison-IV) Department, dated 11.08.2023 issued by the first respondent or under the Advisory Board Scheme as per Rule 341 of the Tamil Nadu Prison Rules,1983 or any appropriate Government Order or any other premature release scheme issued by the first respondent in accordance with law within the time stipulated by this Court. For Petitioner : Dr.R.Alagumani For Respondents : Mr.A.Thiruvadi Kumar Addl.Public Prosecutor

O R D E R

DR.G.JAYACHANDRAN,J.

AND R.POORNIMA,J.

Writ of Mandamus filed by the life convict to consider her representation for premature release under G.O(Ms)No.430, Home(Prison-IV) Department, dated 11.08.2023 issued by the first respondent or under the Advisory Board Scheme as per Rule 341 of the Tamil Nadu Prison Rules,1983.

2.Heard the learned counsel appearing on either side and 2/6

perused the materials placed before this Court. 3.On notice, the respondents appeared through the learned Additional Public Prosecutor and stated that the Petitioner is not entitled to have the benefit of G.O(Ms)No.430, Home(Prison-IV) Department, dated 11.08.2023 , since on the date of Government Order, she had not completed the required minimum period of sentence ie., four years. However, as of now, she is liable to be considered for premature release by the Advisory Board as per Rule 341 of the Tamil Nadu Prison Rules,1983 and thereafter, report through the Probation Officer has been obtained by the Prison Authorities and his recommendation was placed before the Advisory Board in Letter No.4869/Joint 5/2024, dated 13.09.2024 and the proposal is under process. It is reported that the Advisory Board will take two months period to take a decision on the proposal to consider the premature release of the Petitioner under Rule 341 of Tamil Nadu Prison Rules.

4.Recording the above said submission, the Writ Petition is disposed of, directing the respondents to consider the request of the Petitioner to release prematuredly under Rule 341 of Tamil Nadu 3/6

Prison Rules within a period of two months from the date of receipt of a copy of this order.

[G.J.,J.] [R.P.,J.] 21.02.2025 NCS : Yes/No Index : Yes / No Internet : Yes / No vsn To 1.The State of Tamil Nadu, represented by The Principal Secretary, Home, Prohibition and Excise Department, State of Tamil Nadu, Secretariat, St.George Fort, Chennai - 600 009.

2.The Director General of Prison and Correctional Services, Tamil Nadu Prison Department, No.6, Whennals Road, Egmore, Chennai - 600 008.

3.The Deputy Inspector General of Prison and Correctional Services, Office of DIG Prisons, Trichy Range, Trichy - 620 023.

4.The Superintendent of Prison Special Prison for Women, Trichy - 620 008.

Copy to 4/6

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

5/6

DR.G.JAYACHANDRAN, J.

and R.POORNIMA ,J.

vsn ORDER MADE IN W.P(MD)No.3993 of 2025 21.02.2025 6/6