Manickam v. The Principal Secretary To Government,

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 Manickam ... Petitioner -vs1.The Principal Secretary to Government, O/o.The Principal Secretary to the Government, Home (Prison IV) Department, Secretariat, St. George Fort, Chennai.

2.The Deputy Inspector General of Prison, O/o.The Inspector General of Prison, and Correctional Services, Madurai Range, Madurai Central Prison Campus, New Jail Road, Madurai.

3.The Superintendent of Prison, Central Jail, Palayamkottai, Tirunelveli District.

... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records of impugned G.O.(D)No.426 passed by the respondent No.1 dated 09.04.2025 and set aside the same further direct respondent No.1 to release her husband namely Nadarajan, S/o.Perumal Pandi (LCT No. 1154) by considering her representation dated 08.09.2025. For Petitioner : Mr.S.M.A.Jinnah 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 passed by the first respondent dated 09.04.2025 thereby rejected the request made by the petitioner to release her husband premature, who was convicted and sentenced to undergo Life Imprisonment for an offence under Section 302 IPC in S.C.No.234 of 2007 dated 30.07.2007, on the file of the Principal District and Sessions Court, Tirunelveli.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents and perused the materials available on record.

3. It is seen from the records that the petitioner's husband was charged for the offence under Section 302 IPC in pursuant to the FIR in Cr.No.13 of 2007, on the file of the Inspector of Police, Panavadalichatram Police Station and convicted and sentenced to undergo Life Imprisonment. Aggrieved by the same, the petitioner's husband filed an appeal in Crl.A(MD)No.330 of 2009 and the said appeal was dismissed by this Court on 08.07.2010 by confirming the conviction and sentence passed by the trial Court. Thereafter, the petitioner's husband filed an appeal before the Supreme Court of India in SLP No. 2770/2011 and the same was dismissed by the Hon'ble Supreme Court of India on 15.04.2011. Thereafter, the petitioner has submitted a representation seeking premature release.

After obtaining reports from the District Collector, Thoothukudi, Probation Officer, Kovilpatti and the Advisory Board, the first respondent has rejected the request made by the petitioner on the ground that the during parole period, the petitioner's husband has been involved in another case. After trial, the petitioner's husband was acquitted from the SC/ST charges on 22.08.2025.

representation to the respondents on 08.09.2025 seeking premature release of her husband.

4. Though this Court finds no infirmity or illegality in the order passed by the first respondent dated 09.04.2025, a direction is issued to the first respondent to consider the subsequent representation submitted by the petitioner dated 08.09.2025 seeking premature release of her husband and pass orders on merits and in accordance with law, within a period of twelve (12) weeks from the date of receipt of a copy of this order.

5. Accordingly, this writ petition is disposed of. [G.K.I., J.] [R.P., J.] 01.12.2025 am NCC :Yes/No Index: Yes/No Internet: Yes/No

To 1.The Principal Secretary to Government, O/o.The Principal Secretary to the Government, Home (Prison IV) Department, Secretariat, St. George Fort, Chennai.

2.The Deputy Inspector General of Prison, O/o.The Inspector General of Prison, and Correctional Services, Madurai Range, Madurai Central Prison Campus, New Jail Road, Madurai.

3.The Superintendent of Prison, Central Jail, Palayamkottai, Tirunelveli District.

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

G.K. ILANTHIRAIYAN,J.

AND R. POORNIMA,J.

am 01.12.2025