Bagavathi v. The State Of Tamil Nadu , Rep. By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.07.2022
CORAM:
THE HONOURABLE MR.JUSTICE P.N.PRAKASH and THE HONOURABLE MRS.JUSTICE R.HEMALATHA W.P.(MD) No.10255 of 2022 Bagavathi ... Petitioner -vs1.The State of Tamil Nadu, Rep. by The Principal Secretary to Government, Home (Prison) Department, State of Tamil Nadu, Secretariat, Fort St.George, Chennai - 9.
2.The Director General of Police / Director of Prisons and Correctional Services, CMDA Towers II, No.1, Gandhi Irvin Road, Egmore, Chennai - 8.
3.The Superintendent of Police, Madurai Central Prison, Madurai District.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the first respondent to release the
petitioner's husband by name Samuvel, son of Siruvan, aged about 46 years, now confined at Madurai Central Prison as life convict prisoner under the premature release under Advisory Board proceedings under rule 341 of the Tamil Nadu Prison Rules, 1993 or on the basis of any other appropriate Government orders or rules by considering the petitioner's representation dated 03.03.2022 and in accordance with law within the time stipulated by this Court.
For Petitioner :
Mr.R.Alagumani For Respondents :
Mr.S.Ravi, Additional Public Prosecutor.
O R D E R
(Made by P.N.PRAKASH, J.) Seeking release under Rule 341 of the Tamil Nadu Prison Rules, 1983, which contemplates release of a convict prisoner, who has been sentenced imprisonment for life, after he has completed 14 years of sentence under the Advisory Board Scheme, the present writ petition has been filed.
2. When the matter was taken up for hearing, learned Additional Public Prosecutor submitted a communication dated 12.07.2022 from the
Superintendent, Central Prison, Madurai, addressed to the Office of the Public Prosecutor, wherein, it is stated that, as on 12.07.2022, the convict prisoner Samuel (C.P.No.5704), son of Siruvan, had completed only 13 years 11 months and 15 days as on 12.07.2022 and that, on his completion of 14 years, steps would be taken by the prison authorities to get reports from the Probation Officer, Paramakudi and other authorities in this regard.
3. Recording the same, this writ petition is closed with a direction to the respondents 2 and 3 to complete the said process as expeditiously as possible. No costs.
[P.N.P., J.] [R.H., J.] 18.07.2022 Index : Yes / No Internet : Yes / No pkn
P.N.PRAKASH , J.
and R.HEMALATHA , J.
pkn To:
1.The Principal Secretary to Government, State of Tamil Nadu, Home (Prison) Department, State of Tamil Nadu, Secretariat, Fort St.George, Chennai - 9.
2.The Director General of Police / Director of Prisons and Correctional Services, CMDA Towers II, No.1, Gandhi Irvin Road, Egmore, Chennai - 8.
3.The Superintendent of Police, Madurai Central Prison, Madurai District.
W.P.(MD) No.10255 of 2022 18.07.2022