Mydeen Beevi v. The Additional Chief Secretary To Governemtn

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Friday, the Third day of November Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice M.SUNDAR and The Hon`ble Mr.Justice R. SAKTHIVEL IN WP(MD) No.7133 of 2023 MYDEEN BEEVI ... PETITIONER/PETITIONER Vs 1 THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, O/O. THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, HOME (PRISON IV) DEPARTMENT, SECRETARIAT, ST. GEORGE FORT, CHENNAI 2 THE ADDITIONAL DIRECTOR GENERAL OF PRISON, O/O. THE ADDITIONAL DIRECTOR GENERAL OF PRISON, WHANNELS ROAD, EGMORE, CHENNAI.

3 THE SUPERINTENDENT OF CENTRAL PRISON, CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI.

... RESPONDENTS/RESPONDENTS 1/25

Writ Miscellaneous Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to direct the Respondent No.2 and 3 to grant interim Bail for a period of 6 months to petitioners son namely Sheik Sintha Mathar @ Jaffar @ Sintha, son of Bava Mohideen who is a life convict in a murder case and languishing in Palayankottai Central Prison for the past 24 years by considering this affidavit along with the writ petition in W.P. (MD).No.7133 of 2023.

Prayer in WP(MD). 7133/ 2023 :

To issue a Writ of Certiorarified Mandamus or any other writor direction in the nature of the writ to call for the records of Impugned G.O.(D) No. 25 dated. on 09.01.2023 issued by the Respondent no. 1 and quash the same as bad in law and direct the respondents to release the petitioners son prematurely on considering this Honble Court Order on W.P (MD) No. 24174 of 2019 in W.M.P (MD) No. 20767 of 2019 dated 22.02.2022 and his good conduct inside the prison considering the relevant G.O.s.

ORDER : This Writ Miscellaneous petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.S.M.A.JINNAH, Advocate for the petitioner and of MR.A.THIRUVADI KUMAR, Additional Public Prosecutor on behalf of the Respondents, the court made the following order:- [Order of the Court was made by M.SUNDAR, J.] This order will now dispose of the captioned 'Writ Miscellaneous Petition' ['WMP' for the sake of brevity, convenience and clarity].

2. In the captioned WMP, interim bail has been sought. The main Writ Petition ie., W.P.[MD]No.7133 of 2023 is qua premature release.

3. Short facts [shorn of particulars not imperative for appreciating this order] are that the petitioner's son one Thiru.Sheik Zindha Madhar @ Jaffar @ Zindha, son of Bava Mydeen @ Pulavar Mydeen is a prison inmate ie., convict prisoner, who was 2/25

convicted and sentenced to imprisonment for life vide judgment dated 07.10.2003 in S.C.No.140 of 2000 on the file of Session Court, Fast Track Court II, Tiruchirappalli; that this conviction and sentence was assailed in this Court by way of Criminal Appeal in Crl.A.(MD)No.1736 of 2003 and the same came to be dismissed; that the same was carried to Hon'ble Supreme Court unsuccessfully; that the learned counsel for Writ Petitioner and the learned Additional Public Prosecutor submit without any disputation that the prison inmate has already served more than 23 years of sentence; that a representation sent seeking premature release of the convict prisoner came to be negatived vide G.O.(D).No.25, Home (Prison-IV) Department, dated 09.01.2023, which has been assailed in the main Writ Petition. To be noted, the above is the lone case in which prison inmate Thiru.Sheik Zindha Madhar @ Jaffar @ Zindha, son of Bava Mydeen @ Pulavar Mydeen has been convicted

4. Learned counsel for petitioner and learned Additional Public Prosecutor submit that the case on hand is directly and squarely covered by an order dated 29.09.2023 in W.M.P.No.27482 of 2023 in W.P.No.16127 of 2020, which reads as follows:

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5. A perusal of the aforementioned 29.09.2023 order will make it clear that the same has been made by respectfully following interim bail that was granted by Hon'ble Supreme Court in Sikkander case [Sikkander Vs. The State and others, Special Leave to Appeal (Crl.) No.12784 of 2022] and Sardar Khan case [Sardar Khan Vs. State and others, Special Leave to Appeal (Crl.) No.10176 of 2022]. Both of which have been alluded to in paragraph 7 of the aforementioned order. To be noted, both orders of Hon'ble Supreme Court ie., orders in Sikkander case and Sardar Khan case have also been scanned and reproduced in paragraph 7 of the aforementioned order dated 29.09.2023.

6. Be that as it may, this Court is informed by learned Public Prosecutor that pursuant to aforementioned 29.09.2023 order, the prison inmate therein [Thiru Harun Basha] was released on 09.10.2023. In other words, in the aforementioned Harun Basha case, the order has been complied and there has been nothing untoward after release, is learned Additional Public Prosecutor's say. It is also to be noted that there is no disputation or contestation that the captioned matter is directly and squarely covered by Harun Basha case which in turn has been made by respectfully following Hon'ble Supreme Court order in Sikkander case and Sardar Khan case.

7. In the aforesaid scenario, this Bench is informed that a Hon'ble Division Bench in the Principal seat has granted interim bail orders in series of matters and the 20/25

details are as follows:

S.No Convict Name & Supreme Court Remarks Central Prison Orders / High Court orders ........

.........

............

..........

Life convict No.3244 W.M.P.No.30083 The Hon'ble High Court of SA.Batcha, of in Madras granted 3 months S/o.Abdul Rahman, W.P.No.30464 of interim bail to the prisoner.

C.P., Coimbatore 2023, dated He was released on bail on 18.10.2023 20.10.2023 Life convict No.1770, W.M.P.No.27591 The Hon'ble High Court of Jahir Hussain, of in Madras granted 3 months S/o.Salaudeen, C.PW.P.No.2521 of interim bail to the prisoner.

1, Puzhal 2023, dated He was released on bail on 06.10.2023 18.10.2023 Life convict W.M.P.No.27483 The Hon'ble High Court of No.18818, Shahul of in Madras granted 3 months Hameed, W.P.No.10020 of interim bail to the prisoner.

S/o.Ibrahim, C.P., dated He was released on bail on Coimbatore 06.10.2023 17.10.2023 .......

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..........

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8. The aforementioned tabulation will show that the orders made by a Hon'ble Coordinate Bench in the principal seat have also been complied with and the respective prison inmates have been released on various dates which have been set out in column 4 of the aforementioned tabulation.

9. In addition to Sikkander case and Sardar Khan case attention of this Court is drawn to Babu @ Oomai Babu case [Jasmin Vs. The State of Tamil Nadu @ another] wherein, Hon'ble Supreme Court in and by an order dated 14.07.2023 in Special Leave to Appeal (Crl.)Nos.278-279 of 2023, granted interim bail and released the prison inmate on interim bail under similar circumstances. This Court is informed that in the case on hand also recommendation has been already made by the executive arm and the process is at the same stage as in Babu @ Oomai Babu case. To be noted, prison inmate 'Babu @Oomai Babu' will be referred to as 'Jasmin's case' as Jasmin is the petitioner therein.

10. The narrative thus far will show that the prison inmate in the captioned matter Thiru.Sheik Zindha Madhar @ Jaffar @ Zindha, son of Bava Mydeen @ Pulavar Mydeen has remained incarcerated for over 23 years now. As already alluded to supra, we notice that the premature release process is on its very last limb. Therefore, respectfully following the interim bails and orders in this regard made by Hon'ble Supreme Court in Sikkander case and Sardar Khan case as well as taking note of 22/25

similar orders made by Hon'ble Coordinate Bench in the principal seat following Harun Basha case, we grant interim bail in the case on hand also albeit subject to the following conditions:

(a) The prison inmate namely, Thiru.Sheik Zindha Madhar @ Jaffar @ Zindha (Convict No.7370) son of Bava Mydeen @ Pulavar Mydeen, who is now lodged at Central Prison, Palayamkottai shall be released as an interim measure for a period of three months subject to his furnishing bail bonds of value of Rs.25,000/- [Rupees Twenty Five Thousand only) with two solvent sureties each for a likesum to the satisfaction of the Principal District and Sessions Judge, Tiruchirappalli; (b) Prison inmate is directed to report once in a month to the local police station [Pathamadai Police Station, Tirunelveli District]. The State authorities shall submit a report with regard to the conduct of prison inmate before expiry of the period of three months. Prison inmate will not leave the State of Tamil Nadu without informing the local police station in writing at least three days in advance and shall keep them posted about his whereabouts.

11. Captioned WMP is ordered on above terms.

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12. All concerned are directed to act on the uploaded soft copy of this order ie., as uploaded in the official website. To be noted, official website has a QR code. sd/- 03/11/2023 / TRUE COPY / 08/11/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

vsm TO 1 THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, O/O. THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, HOME (PRISON IV) DEPARTMENT, SECRETARIAT, ST. GEORGE FORT, CHENNAI 2 THE ADDITIONAL DIRECTOR GENERAL OF PRISON, O/O. THE ADDITIONAL DIRECTOR GENERAL OF PRISON, WHANNELS ROAD, EGMORE, CHENNAI.

3 THE SUPERINTENDENT OF CENTRAL PRISON, CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI.

COPY TO 1 THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, TIRUCHIRAPPALLI.

2 THE INSPECTOR OF POLICE, PATHAMADAI POLICE STATION, TIRUNELVELI DISTRICT.

3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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ORDER

IN IN WP(MD) No.7133 of 2023 Date :03/11/2023 RS//SAR-(08.11.2023) 25P 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 25/25