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Madras High CourtWP Crl.(MD)/871/2025dismissed

K. Chokkar v. The State Of Tamil Nadu,

2025-12-01Honourable Mr Justice G.K. Ilanthiraiyan,Honourable Ms.Justice R. Poornima6 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)Nos.233 & 234 of 2025 K.Chokkar ... Petitioner -vs1.The State represented by its Additional Chief Secretary, Home (Prison) Department, Secretariat, St. George Fort, Chennai - 600 009.

2.The Director General of Prison and Correctional Services, Tamil Nadu Prison Department, No.6, Annai Maniammaiyar Salai, Egmore, Chennai - 600 008.

3.The Deputy Inspector of General Prison & CS, Office of DIG Prisons & CS, Madurai Range, Arasaradi, Madurai - 625 016.

4.The Superintendent of Prison, Central Prison for Men, Arasaradi, 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 entire records relating to the impugned order passed by the respondent No.1 in G.O. (D).No.415 Home (Prison-VI) Department dated 17.04.2023 and to quash the same as illegal, consequently direct the respondent No.1 to consider the representation submitted by the petitioner dated 17.03.2025 and to pass orders to release the petitioner by name K.Chokkar, Son of Kandan, aged 73 years C.P.No.4389 now confining at Central Prison Madurai on premature release scheme by taking into account of the petitioner's good conduct, deteriorating health due to aging and on humanitarian grounds by constituting advisory committee as per the direction given in the Letter (MS) No.1358 Home Department dated 10.11.1994 in accordance with law within the time stipulated by this Court.

For Petitioner : Dr.R.Alagumani For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor

ORDER

(Order of the Court was made by G.K. ILANTHIRAIYAN,J.) This writ petition has been filed challenging the order of the first respondent dated 17.04.2023 thereby rejected the request made by the petitioner seeking premature release.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents and perused the entire materials available on record. 3.The petitioner was convicted and sentenced to undergo rest of his entire life period from the date of judgment pronounced for the offence under Section 302 of IPC in S.C.No.495 of 2003, dated 31.01.2005, on the file of the Additional District and Sessions Court (FTC No.4) Periyakulam, Theni District. While the petitioner was in prison, he submitted a representation seeking premature release. After

considering the facts and circumstances, the first respondent rejected the representation of the petitioner on the ground that the trial Court has convicted the petitioner and sentenced to undergo imprisonment till the rest of his entire life and the same was confirmed by this Court in Crl.A(MD)No.81 of 2006 by the judgment dated 25.07.2007. Therefore, the first respondent has rightly rejected the request made by the petitioner and no interference is required.

4. Accordingly, this writ petition is dismissed. Consequently, connected miscellaneous petitions are closed. [G.K.I., J.] [R.P., J.] 01.12.2025 am NCC :Yes/No Index: Yes/No Internet: Yes/No

To 1.The State represented by its Additional Chief Secretary, Home (Prison) Department, Secretariat, St. George Fort, Chennai - 600 009.

2.The Director General of Prison and Correctional Services, Tamil Nadu Prison Department, No.6, Annai Maniammaiyar Salai, Egmore, Chennai - 600 008.

3.The Deputy Inspector of General Prison & CS, Office of DIG Prisons & CS, Madurai Range, Arasaradi, Madurai - 625 016.

4.The Superintendent of Prison, Central Prison for Men, Arasaradi, Madurai - 625 016.

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

G.K. ILANTHIRAIYAN,J.

AND R. POORNIMA,J.

am 01.12.2025