Palani v. The Secretary To Government Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 16/12/2025
CORAM
THE HONOURABLE MR JUSTICE G.K.ILANTHIRAIYAN AND THE HONOURABLE MS JUSTICE R.POORNIMA W.P(Crl.)(MD)No.1778 of 2025 Palani : Petitioner Vs.
1.The State represented by its, The Secretary to Government of Tamil Nadu, Home Department, Fort St. George, Chennai-600 009.
2.The Deputy Inspector General of Prison, Madurai Range, Madurai-625 001.
3.The Superintendent, Central Prison, Palayamkottai-627 007.
4.The Superintendent of Police, O/o.Superintendent of Police, Tirunelveli-627 426. : Respondents Prayer:- Writ Petition is filed under Article 226 of the Constitution of India, to call for the records pertaining to G.O.(D)No.35, dated 08/01/2025 passed by the respondent No.1 and to quash the same as illegal and consequently directing the respondents to release the 1/6
petitioner/Life Convict Prisoner No.4296, namely Mr.Palani, S/o.Sankarapandiyar Thevar, aged about 60 years, confining at Palayamkottai Central Prison under premature release on the basis of the premature release policy and Government Order of the respondent No.1 and in accordance with law.
For Petitioner : Mr.R.Rajeshkumar For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor
O R D E R
(Order of the Court was made by the Hon'ble G.K.ILANTHIRAIYAN.J.) The writ petition has been filed challenging the impugned order, dated 08/01/2025 passed by the first respondent, thereby rejecting the request made by the petitioner seeking premature release. 2.The petition was convicted and sentenced to undergo Life Imprisonment with a fine, in connection with the case in SC No.61 of 1999 on the file of the III Additional Sessions Judge, Fast Track Court-I, Tirunelveli, for the offence under Section 302 r/w 149 IPC. The said conviction and sentence were also confirmed by this Court in Crl.A(MD)No.427 of 2007, by order, dated 30/07/2008. It was also 2/6
confirmed by the Hon'ble Supreme Court of India. Thereafter, the petitioner submitted a representation seeking premature release. It was not considered and as such, the petitioner was constrained to filed WP No.1466 of 2024. This Court, by order, dated 21/02/2024 directed the respondents to consider the representation submitted by the petitioner seeking premature release within a period of two weeks from the date of receipt of the order. In view of the direction issued by this Court, the first respondent consideration the representation submitted by the petitioner and rejected the same, by order, dated 08/01/2025. 3.The learned counsel for the petitioner submits that the coaccused, who has been convicted along with the petitioner had now been released even before the completion of his Life Sentence.
Therefore, the petitioner is also entitled for the premature release. 4.On instructions, Mr.T.Senthi Kumar, learned Additional Public Prosecutor submits that GO Ms.35 Home (Prison-4) Dept., dated 08/01/2025 and the Tamil Nadu Prison Rules does not permit the petitioner for premature release.
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5.As far as the petitioner is concerned, he had undergone only for 6 years 3 months and 27 days as on 15/09/2021. As on 15/09/2023, the petitioner had undergone only 8 years 2 months and 12 days. As on 16/10/2025, the petitioner had undergone imprisonment only for 10 years 1 months and 9 days. According to the petitioner, as per Rule 348(1)(ii) of the Tamil Prison Rules, 2024, who completed 10 years of imprisonment is eligible for premature release. 6.It is relevant to extract Rule 348(1)(ii) of the Tamil Nadu Prison Rules, 20024:- "(ii)Life convicts (men and young offenders) on completion of 10 years of imprisonment, including remission, except those covered under Section 475 of the Bharatiya Nagarik Suraksha Sanhira, 2023 (Central Act 46 of 2023), whose cases will be considered after completing 14 years of actual imprisonment.
7.Accordingly, those who have completed 14 years of actual imprisonment are eligible to be released on premature. Therefore, the case of the petitioner will be considered for premature release only on completion of 14 years of his imprisonment.
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8.That apart, as per GO No.488, Home (Prison-IV) Department, dated 15/11/2021 and G.O.No.430 , Home (Prison-IV) Department, dated 11/08/2023, the petitioner is not eligible for premature release, since the petitioner did not complete 14 years of sentence so far. Hence, the petitioner is not eligible for premature release and the first respondent has rightly rejected the request made by the petitioner seeking premature release.
9.In view of the above, the direction as such sought for cannot be granted and hence, the writ petition is devoid of merits and it is liable to be dismissed. Accordingly, this writ petition is dismissed. (G.K.I., J.) (R.P., J.) 16-12-2025 Index:Yes/No Internet:Yes/No er 5/6
G.K.ILANTHIRAIYAN,J and R.POORNIMA,J er To, 1.The Secretary to Government of Tamil Nadu, Home Department, Fort St. George, Chennai-600 009.
2.The Deputy Inspector General of Prison, Madurai Range, Madurai-625 001.
3.The Superintendent, Central Prison, Palayamkottai-627 007.
4.The Superintendent of Police, O/o.Superintendent of Police, Tirunelveli-627 426.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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