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Madras High CourtWP(MD)/18719/2020closed

Ilavarasi v. The State Of Tamil Nadu Represented By

2021-12-08Honourable Dr Justice G. Jayachandran,Honourable Mr Justice S. Vaidyanathan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN and THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN W.P.(MD)No.18719 of 2020 and W.M.P(MD)No.15643 of 2020 Ilavarasi ... Petitioner Vs.

1.The State of Tamil Nadu represented by The Principal Secretary to Government, Home Department, Fort St.George, Chennai-600 009.

2.The Director General of Police, Office of the Director General of Police, Beach Road, Chennai.

3.The Director General of Prisons and Correctional Services, Department of Prisons and Correctional Services, No.6,Whennals Road, Chennai-600 008.

4.The Commissioner of Police, Office of the Commissioner of Police, 5.The Deputy Inspector General of Prisons, Office of the Deputy Inspector General of Prisons, Trichy Range, Opposite to Trichy Central Prison, Trichy.

6.The Deputy Inspector General of Prisons, Office of the Deputy Inspector General of Prisons, Madurai Range, 7.The Deputy Inspector General of Prisons, Office of the Deputy Inspector General of Prisons, Salem Range, Salem.

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8.The Superintendent of Prison, Trichy District.

9.The Superintendent of Prison, Cuddalore District.

10.The Superintendent of Prison, 11.The Superintendent of Prison, Salem District.

12.The Superintendent of Police, Office of the Superintendent of Police, 13.The Superintendent of Police, Office of the Superintendent of Police, Theni District.

14.The District Collector, Office of the District Collector, Theni District.

15.The Inspector of Police, Vikkiramangalam Police Station, 16.The Inspector of Police, Checkanurani Police Station, 17.The Inspector of Police, Andipatti Police Station, Theni District.

18.Uma Sankar 19.Saiprasath ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the Respondent Nos.1 and 2 to cancel the premature release relating to the Respondent Nos.18 and 19 for violating the bond condition under Rule 341(8) of the Tamilnadu Prison Rules, 1983 and violation of conditions in paragraph No.5(II)(7) of G.O.Ms.No.64 dated 01.02.2018 on the basis of the petitioner's representation dated 25.11.2020 in accordance 2/5

with law within the time stipulated by this Court. For Petitioner : Mr.S.Vigneshkumar For R1 to R17 : Mr.S.Ravi Additional Public Prosecutor

O R D E R

S.VAIDYANATHAN, J.

And DR.G.JAYACHANDRAN, J.

Pursuant to the order passed by this Court on 18.11.2021, the representation given by the petitioner herein to cancel the premature release of the life convicts for breach of bail condition has been taken up for consideration by the first respondent and G.O. (Ms).Nos.553 and 554, dated 03.12.2021 have been passed cancelling the remission of unexpired portion of the sentence of life imprisonment imposed on the life convicts Saiprasad(LCT.19954)/R18 and Umasankar(LCT.13993)/R19.

2.Today, the learned State Public Prosecutor appeared through video conference and furnished the said Government Orders through the learned Additional Public Prosecutor before this Court. 3.The learned Additional Public Prosecutor submitted that R18/Umasankar (LCT.13993) is secured and now in prison. He further stated that R12 and R13 has formed a Special team to secure R19/Saiprasath(LCT.19954), who is at large.

4.Recording the same, this writ petition is closed. No Costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) PJL Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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To 1.The Principal Secretary to Government, State of Tamil Nadu, Home Department, Fort St.George, Chennai-600 009.

2.The Director General of Police, Office of the Director General of Police, Beach Road, Chennai.

3.The Director General of Prisons and Correctional Services, Department of Prisons and Correctional Services, No.6,Whennals Road, Chennai-600 008.

4.The Commissioner of Police, Office of the Commissioner of Police, 5.The Deputy Inspector General of Prisons, Office of the Deputy Inspector General of Prisons, Trichy Range, Opposite to Trichy Central Prison, Trichy.

6.The Deputy Inspector General of Prisons, Office of the Deputy Inspector General of Prisons, Madurai Range, 7.The Deputy Inspector General of Prisons, Office of the Deputy Inspector General of Prisons, Salem Range, Salem.

8.The Superintendent of Prison, Trichy District.

9.The Superintendent of Prison, Cuddalore District.

10.The Superintendent of Prison, 4/5

11.The Superintendent of Prison, Salem District.

12.The Superintendent of Police, Office of the Superintendent of Police, 13.The Superintendent of Police, Office of the Superintendent of Police, Theni District.

14.The District Collector, Office of the District Collector, Theni District.

15.The Inspector of Police, Vikkiramangalam Police Station, 16.The Inspector of Police, Checkanurani Police Station, 17.The Inspector of Police, Andipatti Police Station, Theni District.

18.The Additional Public Prosecutor, Madurai Bench of Madras High Court, W.P.(MD)No.18719 of 2020 08.12.2021 NSN(CO) KB(21.12.2021) 5P 19C 5/5