Madras High CourtWP Crl.(MD)/456/2025dismissed as infructuous

Mallika v. The State Of Tamilnadu

2025-09-12Honourable Mr Justice P.Velmurugan,Honourable Mrs Justice L.Victoria Gowri5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.09.2025

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN AND THE HONOURABLE Mrs. JUSTICE L.VICTORIA GOWRI WP Crl. (MD). No.456 of 2025 Mallika ... Petitioner Vs

1. The State of Tamilnadu, The Principal Secretary to Government Home (Prison-Iv) Department, Secretariat, St.George Fort, Chennai - 9..

2. The Inspector General of Prisons, C.M.D.A. Tower II, No.1, Gandhi Irvin Road, Egmore, Chennai - 8..

3. The Deputy Inspector General, Of Prison, O/o. of the Deputy Inspector General of Prison, Trichy Division, Trichy District..

4. The Superintendent of Prison, Trichy Central Prison, Trichy District..

... Respondents 1/5

PRAYER :-Writ petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus to call for the records connected with the impugned order G.O.(D).No.940 dated 01.08.2024 issued by the Respondent No.1 and Quash the same as illegal, consequently to direct to Respondents to release the petitioner's husband by name Chandran (C.P.No.13397) son of Soorasangu, aged about 54 years, now lodged and confined at Central Prison, Trichy have completed more than 17 years of actual sentence on the basis of the Advisory Board scheme G.O.Ms.No.596 (Home Prison - IV) department dated 24.11.2023 in accordance with law within a time stipulated by this Court.

For Petitioner : Mr.R.Prakash For Respondents : Mr.T.Senthilkumar Addl. Public Prosecutor

ORDER

(Order of the Court was made by P.VELMURUGAN,J.) The writ petition has been filed challenging the impugned order in G.O.(D).No.940 dated 01.08.2024 issued by the respondent No.1 and consequently to direct to respondents to release the petitioner's husband by name Chandran (C.P.No.13397) son of Soorasangu, aged about 54 years, now lodged and confined at Central Prison, Trichy have completed more than 17 years of actual sentence on the basis of the Advisory Board scheme G.O.Ms.No.596 (Home Prison - IV) department dated 24.11.2023 in accordance with law within a time stipulated by this Court. 2/5

2. When the writ petition is taken up for hearing, the learned Additional Public Prosecutor would submit that on considering the case of the life convict and the period of incarceration, premature release was ordered vide G.O.(4D) No.155 dated 04.08.2025 through the proceedings of the 1st respondent. He has also circulated the said G.O.

3. In view of the above, since the relief sought for has become infructuous, the writ petition is dismissed as infructuous. [P.V.,J] [L.V.G.,J] 12.09.2025 NCC : Yes/No Index : Yes/No RR 3/5

To 1.The Principal Secretary to Government Home (Prison-Iv) Department, Secretariat, St.George Fort, Chennai - 9..

2. The Inspector General of Prisons, C.M.D.A. Tower II, No.1, Gandhi Irvin Road, Egmore, Chennai - 8..

3. The Deputy Inspector General, Of Prison, O/o. of the Deputy Inspector General of Prison, Trichy Division, Trichy District..

4. The Superintendent of Prison, Trichy Central Prison, Trichy District..

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

4/5

P.VELMURUGAN, J.

AND L.VICTORIA GOWRI, J.

ORDER

IN WP CRL.(MD) No.456 of 2025 Date : 12.09.2025 5/5