A life convict sought premature release and reckoning of remission period under G.O.(Ms)No.64. The court noted he was out on bail with his sentence suspended and his appeal pending before the Supreme Court, and dismissed the writ petition as premature release could not be considered.
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(MD) No.30622 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Date : 18.12.2024
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA
W.P(MD) No.30622 of 2024
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... Petitioner
Vs
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4.The Deputy Inspector General of Prisons, Madurai Circle, Madurai.
5.The Superintendent of Central Prison, Central Prison, Madurai, Madurai District.
6.The Inspector of Police, Theppakulam Police Station, Madurai City. (Crime No.687 of 2002) ... Respondents
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 reckon the period of remission as the sentence served by the petitioner and consequently, to release the petitioner by premature release in accordance with G.O.(Ms)No.64 dated 01.02.2018 as per the representation of the petitioner dated 19.10.2024.
For Petitioner : Mr.C.Senthil Murugan
For Respondents : Mr.T.Senthil Kumar, Additional Public Prosecutor.
ORDER
(Order of the Court was made by G.R.SWAMINATHAN, J.)
Heard both sides.
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that the petitioner's sentence was already suspended and is presently out on bail. Since such person cannot be considered for premature release, the writ petition is not maintainable.
4. We are constrained to dismiss the writ petition primarily for the
reason that his appeal questioning the conviction and sentence is still pending before the Hon'ble Supreme Court. The Writ Petition is dismissed. No costs.
(G.R.S., J.) (R.P., J.) 18.12.2024
Index : Yes / No Internet : Yes / No NCC : Yes / No rmi
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To
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G.R.SWAMINATHAN, J. AND R.POORNIMA, J.
rmi
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18.12.2024
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1 issue framed by the court
Can a convict whose sentence is suspended and who is on bail, with appeal pending before the Supreme Court, be considered for premature release under G.O.(Ms)No.64?
2 provisions across 2 enactments
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The State of Tamil Nadu represented by The Home Secretary
The State of Tamil Nadu represented by The Principal Secretary, Home (Prison) Department
The Additional Director General of Police / Inspector General of Prisons
The Deputy Inspector General of Prisons, Madurai Circle
The Superintendent of Central Prison, Madurai
G.R.Swaminathan
R.Poornima
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
