Kalanjiyathal v. State Through

W.P(MD)No.8060 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P(MD)No.8060 of 2022 Kalanjiyathal

...Petitioner

Vs.

1.State through The Additional Chief Secretary, Government of Tamil Nadu, Home (Prison - IV) Department, Fort St George, Chennai.

2.The Inspector of General of Prisons, Chennai.

3.The Deputy Inspector of General of Prison, Central prison, Madurai.

4.The Superintendent, Madurai Central Prison, Madurai.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the respondents 2 to 4 to forward the representation dated 08.11.2021 made on behalf of the petitioner to the first respondent with further order or direction in the nature of a writ directing the first respondent to pass necessary orders within the time frame stipulated by this Court.

For Petitioner : Mr.N.Ananthapadmanabhan for APN Law Associates For Respondents : Mr.S.Ravi, Additional Public Prosecutor.

O R D E R

R.SUBRAMANIAN, J.

AND N.SATHISH KUMAR, J.

The petitioner seeks a writ of Mandamus directing the respondents to consider his representation dated 08.11.2021 for premature release.

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W.P(MD)No.8060 of 2022

2. Mr.N.Ananthapadmanabhan, learned counsel appearing for the petitioner would contend that the trial Court has directed that the case of the petitioner should not be considered for premature release till 20 years. Since the petitioner has completed 20 years of incarceration, as of now, he would be eligible for consideration of premature release.

3. Mr.S.Ravi, learned Additional Public Prosecutor, upon instructions, would submit that the petitioner has completed 19 years 6 months and 12 days as on 25.04.2022. According to the learned Additional Public Prosecutor, that difference occurs because the petitioner availed ordinary leave for six (6) times.

4. In view of the same, this writ petition is disposed of with a direction to consider the application of the petitioner for premature release after expiry of twenty years period. It is open to the petitioner to make another representation after expiry of twenty years period.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) rm To:

1.The Additional Chief Secretary, Government of Tamil Nadu, Home (Prison - IV) Department, Fort St George, Chennai.

2.The Inspector of General of Prisons, Chennai.

3.The Deputy Inspector of General of Prison, Central prison, Madurai.

4.The Superintendent, Madurai Central Prison, Madurai.

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

W.P(MD)No.8060 of 2022 29.04.2022 RD(23.05.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2