Wife sought premature release of her 63-year-old husband, a life convict at Central Prison-I, Puzhal, citing G.O.(Ms).No.488 after his representation went unconsidered. The Court directed the authorities to consider the representation dated 11.07.2023 on merits within three months and disposed of the writ petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.35334 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.03.2024
CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH
AND
THE HONOURABLE MR. JUSTICE SUNDER MOHAN
W.P.No.35334 of 2023 and W.M.P.No.35308 of 2023
Jayaseeli ... Petitioner/wife of the detenue
Vs.
The State Represented by 1.The Secretary to Government, Home (Prison-IV) Department, St.George Fort, Chennai-600 009.
2.The Director General of Police, (Head of the Prisons), Prison Headquarters, Gandhi Irwin Road, Egmore, Chennai-600 008.
3.The Deputy Inspector General of Prisons (Chennai Range), Office of DIG Prisons, Central Prison Campus, Puzhal, Chennai-600 066.
4.The Superintendent, Central Prison-I, Puzhal, Chennai-600 066. ... Respondents
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W.P.No.35334 of 2023
Prayer:
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the respondents to release the petitioner's husband viz., Babu, S/o.Sami, aged about 63 years, Convict No.6555, a life convict confined at Central Prison-I, Puzhal, Chennai, prematurely as per Rule 341 of the Tamil Nadu Prison Manual Vol-II to secure the ends of justice.
For Petitioner : Mr.D.Mario Johnson
For Respondents : Mr.E.Raj Thilak, Additional Public Prosecutor assisted by Mr.Aravind.C
ORDER
(Order of the Court was made by M.S.RAMESH, J. )
The petitioner's husband, named, Babu, S/o.Sami, aged about 63
years, Convict No.6555, confined at Central Prison-I, Puzhal, Chennai,
has come forward with this writ petition seeking premature release of her husband.
2.The petitioner states that her husband was convicted and
sentenced to undergo life imprisonment for the offence under Sections 307, 302 r/w Section 34 IPC by the learned Additional Sessions Court VII, Chennai in S.C.No.73 of 1991. The petitioner's case is that her
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W.P.No.35334 of 2023
husband is eligible for premature release as per G.O.(Ms).No.488, Home (Prison-IV) Department, dated 15.11.2021, since he has been in incarceration for the past 10 years. Therefore, she made a representation dated 11.07.2023 to the respondents seeking premature release of her husband. Since the same has not been considered till date, she has come forward with this writ petition.
Additional Public Prosecutor appearing for the respondents.
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W.P.No.35334 of 2023
5.With the above direction, this writ petition is disposed of. No
costs. Consequently, the connected miscellaneous petition is closed.
[M.S.R., J] [S.M., J]
25.03.2024
Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No
Anu
To 1.The Secretary to Government, Home (Prison-IV) Department, St.George Fort, Chennai-600 009.
2.The Director General of Police, (Head of the Prisons), Prison Headquarters, Gandhi Irwin Road, Egmore, Chennai-600 008.
3.The Deputy Inspector General of Prisons (Chennai Range), Office of DIG Prisons, Central Prison Campus, Puzhal, Chennai-600 066.
4.The Superintendent, Central Prison-I, Puzhal, Chennai-600 066.
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W.P.No.35334 of 2023
5.The Public Prosecutor, High Court, Madras.
Page 5 of 6
W.P.No.35334 of 2023
M.S.RAMESH, J. and SUNDER MOHAN, J.
Anu
W.P.No.35334 of 2023 and W.M.P.No.35308 of 2023
25.03.2024
Page 6 of 6
1 issue framed by the court
Should the respondents consider and decide the wife's representation for premature release of her life-convict husband under Rule 341 of the Tamil Nadu Prison Manual?
3 provisions across 3 enactments
Jayaseeli
The Secretary to Government, Home (Prison-IV) Department
The Director General of Police (Head of the Prisons)
The Deputy Inspector General of Prisons (Chennai Range)
The Superintendent, Central Prison-I, Puzhal
M.S. RAMESH
SUNDER MOHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
