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Madras High CourtWP Crl.(MD)/323/2025disposed of

K.Aadithya v. State Of Tamil Nadu, Rep. By The Principal Secretary To Government,

2025-12-01Honourable Mr Justice G.K. Ilanthiraiyan,Honourable Ms.Justice R. Poornima5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.12.2025

CORAM:

THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN AND THE HONOURABLE MS.JUSTICE R. POORNIMA and W.M.P.Crl.(MD)No.89 of 2025 K.Aadithya ... Petitioner -vs1.State of Tamil Nadu.

Rep. by the Principal Secretary to Government, Home (Prison-IV) Department, Secretariat, Fort St. George, Chennai-600 009.

2.The Director General of Prison and Correctional Service, Egmore, Chennai-600 008.

3.The Superintendent of Prison, Madurai Central Prison, Madurai-625 016.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India,

to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the Impugned Order, dated 02.06.2025 in G.O(D)No.688 issued by the first respondent and quash the same as illegal and consequently direct the respondents to release the petitioner's father namely Kannan @ Kithiyan Alexander, S/o.Athinamilgai (LCP No.6357) forthwith.

For Petitioner : Mr.C.Mayil Vahana Rajendran For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor

ORDER

(Order of the Court was made by G.K. ILANTHIRAIYAN,J.) Though this writ petition has been filed challenging the order passed by the first respondent, dated 02.06.2025 rejected the request of the petitioner seeking premature release for his father, who is imprisonment for life in pursuant to the conviction passed in S.C.No.49 of 2006 by the Principal Sessions Court, Thiruvallur, the learned Additional Public Prosecutor appearing for the respondents would submit that the application seeking premature release can be considered under

the new Tamil Nadu Suspension of Sentence Rules, 2024, which came into force only on 21.10.2024.

2. In view of the above, the petitioner is at liberty to submit a fresh application seeking premature release for his father as per new Tamil Nadu Suspension of Sentence Rules, 2024 to the second respondent. On receipt of any such representation, the second respondent is directed to dispose the same, on merits and in accordance with law.

3. With the above direction, the writ petition is disposed of. Consequently, connected miscellaneous petition is closed. [G.K.I., J.] [R.P., J.] 01.12.2025 am NCC :Yes/No Index: Yes/No Internet: Yes/No

To 1.The Principal Secretary to Government, Home (Prison-IV) Department, Secretariat, Fort St. George, Chennai-600 009.

2.The Director General of Prison and Correctional Service, Egmore, Chennai-600 008.

3.The Superintendent of Prison, Madurai Central Prison, Madurai-625 016.

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

G.K. ILANTHIRAIYAN,J.

AND R. POORNIMA,J.

am 01.12.2025