Saraswathi .S v. The State Of Tamil Nadu Rep. By Its Principal Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.07.2023

CORAM

THE HONOURABLE MR.JUSTICE M.S. RAMESH AND THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR WP(MD).No.16634 of 2023 S.Saraswathi : Petitioner Vs 1.The State of Tamil Nadu Rep by its Principal Secretary Department Home (Prison IV) Fort St. George, Chennai 600 009.

2.The Additional Director General of Police, /Inspector General of Prisons CMDA Towers II No.1 Gandhi Irwin Road Egmore, Chennai 600 008.

3.The Deputy Inspector General of Prisons, O/o.Deputy Inspector General Office, Central Prison Campus Madurai 625 016.

4.The Superintendent Central Prison Arapalayam, Madurai 625 016.

: Respondents 1/5

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 to consider petitioner's representation dated 19.01.2023 and prematurely release her husband Sathiya @ Sathiyan (Convict No.5891) S/o.Balaraman now confined at Central Prison, Madurai, on par with the co-accused D.Prakash, who prematurely released on compliance of the order of this Court in WP(MD) No.27205 of 2022 dated 02.12.2022.

For Petitioner : Mr.C.Karthikeyan For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor

ORDER

(Order of the Court was made by M.S.RAMESH,J.) This writ petition has been filed for a mandamus to direct the respondents to consider the petitioner's representation dated 19.01.2023, wherein, the petitioner had sought for premature release of her husband, namely, Sathiya @ Sathiyan, who is a life convict and confined in Central Prison Madurai, on par with the co-accused D.Prakash, who prematurely released on compliance of the order of this Court in WP(MD) No.27205 of 2022 dated 02.12.2022.

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2. Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the respondents.

3. Considering the facts and circumstances of the case, this writ petition is disposed of with a direction to the respondents to consider the representation of the petitioner dated 19.01.2023 and pass orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

[M.S.R.,J] [M.N.K.,J] 11.07.2023 Index : Yes / No Internet : Yes RR 3/5

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

2.The Additional Director General of Police, /Inspector General of Prisons CMDA Towers II No.1 Gandhi Irwin Road Egmore, Chennai 600 008.

3.The Deputy Inspector General of Prisons, O/o.Deputy Inspector General Office, Central Prison Campus Madurai 625 016.

4.The Superintendent Central Prison Arapalayam, Madurai 625 016.

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

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M.S. RAMESH , J.

AND M.NIRMAL KUMAR, J.

RR WP(MD).No.16634 of 2023 11.07.2023 5/5