R.Kumaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Friday, the Twelfth day of November Two Thousand and Twenty One PRESENT The Hon'ble Mr.Justice S.VAIDYANATHAN AND The Hon'ble Dr.Justice G.JAYACHANDRAN P.Veera Bhaarathi Petitioner Vs 1.The State of Tamil Nadu,Rep.by, The Principal Secretary to Govt, Home (Prison), Department, Tamil Nadu Govt, Chief Secretariat, St.George Fort, Chennai-600 009.

2. The Additional D.G.P./I.G of Prisons, Wanels Road, Egmore, Chennai 600 008.

3.Mr.R.Kanagaraj, DIG of Prisons, Madurai Range, Central Prison Campus, Madurai-016.

4.Mr.Senthamarai Kannan, Superintendent, Central Prison, Palayamkottai. Respondents Prayer in W.P.(MD).No.15727 of 2021:- Writ petition filed under Article 226 of the Constitution of India to call for the records in the order G.O.(D) No.227/Home (Prison IV) Department/2017 dated 23/02/2017 passed by the 1st Respondent which arbitrarily rejected the petitioner's premature release from the life imprisonment, and quashing the same as illegal and consequently to release the Petitioner Veera Bhaarathi, S/O.Ponniah aged about 50/2021 years forthwith from the sentence of life imprisonment, under the provisions of Rule No.341 of the Tamilnadu Prison Rules, 1983 read with Articles 14,20 and 21 of the Indian Constitution.

1/3

ORDER:- This Petition coming on for hearing on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of P.Veera Bhaarathi, party in Person, and of Mr.S.Ravi, Additional Public Prosecutor for Respondents and this court made the following order;

This writ petition is filed by the life convict to consider his request for premature release.

2.Pending this writ petition, this Court was inclined to grant parole to the writ petitioner to contest his case as party-inperson and the concession given by this Court was time to time extended since 2017. Finally, parole was granted for him from 01.01.2019 to appear before the Apex Court and that order was later extended until further orders by this Court vide order, dated 11.02.2019. For one reason or another, this writ petition seeking premature release been adjourned and pending before this Court and the petitioner herein continue to enjoy the parole all along. 3.When the matter was taken up for hearing on Monday, ie., on 08.11.2021, the petitioner appeared in person and argued his case. Also sought time to circulate his written submission and citations. The learned Additional Public Prosecutor was also directed to circulate the entire records to this Court to appreciate the submissions made by the petitioner as well as the learned Additional Public Prosecutor.

4.Today, the case was listed again. As per the directions, the entire records furnished by the learned Additional Public Prosecutor. The petitioner-in-person appeared before this Court and submitted his written submission along with citations. 5.The purpose for which the petitioner was granted parole is served. The petitioner is therefore directed to surrender before the Superintendent of Prison, Puzhal by 05.00 p.m., on 13.11.2021, failing which, the Commissioner of Police, Chennai shall secure the petitioner and send him to the Central Prison, Puzhal, Chennai, to undergo his remaining period of sentence.

Sd/- Assistant Registrar(CS-) // True Copy // / /2021 Sub Assistant Registrar(CS) 2/3

TO

1. The Principal Secretary to Govt, Home (Prison), Department, Tamil Nadu Govt, Chief Secretariat, St.George Fort, Chennai-600 009.

2. The Additional D.G.P./I.G of Prisons, Wanels Road, Egmore, Chennai 600 008.

3. The Superintendent, Central Prison, Palayamkottai.

4.The DIG, GIG of Prisons, Madurai Range, Central Prison Campus, Madurai - 16.

5. The Inspector of Polce, Chitlapakkam Police Station, Chennai.

6.The Superintendent, Central Prison, Puzhal, Chennai.

7.The Commissioner of Police, Chennai

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

Copy to Er.P.Veera Bhaarathi, S/o.V.Ponniah, Through The Inspector of Police Station, Chitlapakkam Police Station, Chennai.

ORDER DATED : 12/11/2021 ==========================

ORDER

========================== W.P.(MD).No.15727/2021 Giving direction and etc. as stated within.

TR/PM(12.11.2021) 3P 10C 3/3