Radhika v. The State Of Tamilnadu, Represented By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 20.12.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA Radhika ... Petitioner Vs 1.The State of Tamil Nadu, Rep. by the Principal Secretary to Government, Home (Prison-IV) Department, Secretariat, St.George Fort, Chennai-600 009.

2.The Director General of Police / The Director General of Prisons and Correctional Services, Whannels Road, Egmore, Chennai-600 008.

3.The Deputy Inspector General of Prisons, Madurai Range, A.A.Road, Arasaradi, Madurai-625 016.

4.The Superintendent of Prisons, Central Prison, Palayamkottai, Tirunelvlei District-627 002.

... Respondents 1/5

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents to consider the premature release file of the petitioner's husband namely Jegadeesan (CP No.7181) confined at Central Prison, Palayamkottai by virtue of G.O.Ms.No.488, Home (Prison-IV) Department dated 15.11.2021 within a time limit as may be fixed by this Court in the light of the second respondent's letter communication dated 31.07.2024 communicated to the petitioner.

For Petitioner : Mr.R.Venkateswaran For Respondents : Mr.T.Senthil Kumar, Additional Public Prosecutor.

ORDER

(Order of the Court was made by G.R.SWAMINATHAN, J.) Heard both sides.

2. The petitioner's husband is undergoing life sentence in Central Prison, Palayamkottai. He has so far spent 14 years in prison. The petitioner has given a representation dated 04.04.2024 seeking premature release for her husband.

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3. The first respondent is directed to consider the same on merits and in accordance with law and pass appropriate order within a period of 16 weeks from the date of receipt of a copy of this order. We have not gone into the merits of the matter.

4. The Writ Petition is allowed. No costs.

(G.R.S., J.) (R.P., J.) 20.12.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No rmi NOTE:Issue Order Copy on 20.12.2024 To 1.The Principal Secretary to Government, Home (Prison-IV) Department, Secretariat, St.George Fort, Chennai-600 009.

2.The Director General of Police / The Director General of Prisons and Correctional Services, Whannels Road, Egmore, Chennai-600 008.

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3.The Deputy Inspector General of Prisons, Madurai Range, A.A.Road, Arasaradi, Madurai-625 016.

4.The Superintendent of Prisons, Central Prison, Palayamkottai, Tirunelvlei District-627 002.

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

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G.R.SWAMINATHAN, J.

AND R.POORNIMA, J.

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