M.Palaneeswari vs State Of Tamil Nadu on 11 October, 2018

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Madras High Court

M.Palaneeswari vs State Of Tamil Nadu on 11 October, 2018

Bench: N.Anand Venkatesh

        

 

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT               

DATED: 11.10.2018  

CORAM   

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH              

W.P.(MD)No.21225 of 2018   


M.Palaneeswari                                                          ...Petitioner

Vs.

1.State of Tamil Nadu
   Represented by the Principal Secretary to Government
   Home (Prison IV) Department
   Secretariat, Fort St.George
   Chennai 600 009

2.The Additional Director General of Police
        /Inspector General of Prison
    No.1, Gandhi Irwin Salai
    Egmore, Chennai 600 008 

3.The Superintendent of Prison
   Madurai Central Prison
   Madurai 625 016                                              ....Respondents
PRAYER:- Petition filed under Article 226 of the Constitution of India
seeking a Writ of Mandamus, directing the respondents to treat the
petitioner's husband namely, Muthuramalingam S/o. Boominatha Thevar  
(C.P.No.4665) as having become eligible for the premature release by
G.O.(Ms).No.64 Home (Prison-IV), Department, dated 01.02.2018 and release him  
forthwith.

!For Petitioner         : Mr.C.Mayilvahana Rajendran 
For Respondents         : Mr.B.Bhagawathi 
                                                Government Advocate     

:ORDER

This writ petition has been filed seeking for the premature release of the convict in accordance with G.O.(Ms).No.64 Home (Prison-IV), Department, dated 01.02.2018.

2.The husband of the petitioner is a life convict by Judgment dated 30.05.2006 passed by the learned Sessions Judge, Ramanathapuram in S.C.No.10 of 1996. He was convicted for the offences under Sections 147, 148, 324,, 307 and 302 I.P.C and was imposed a punishment of life sentence. This was confirmed by the Judgment of the Hon'ble Supreme Court in Crl.A.Nos.225 to 227 of 2009, Crl.A.No.895 of 2009 and Crl.A.No.429 of 2015, dated 09.12.2016.

3.The learned counsel for the petitioner would submit that the petitioner made a representation dated 21.08.2018 to the respondents requesting for premature release of the life convict. The learned counsel also brought to the notice of this Court that the Government of Tamil Nadu has passed a remission G.O.(Ms).No.64 Home (Prison-IV), Department, dated 01.02.2018.

4.The learned Government Advocate would submit that the representation will be considered by the first respondent and an appropriate order will be passed, in accordance with law.

5.In view of the limited relief sought for by the petitioner, there shall be a direction to the first respondent to consider the representation dated 21.08.2018 given by the petitioner and pass appropriate orders, in accordance with law, after taking into consideration of G.O.(Ms).No.64 Home (Prison-IV), Department, dated 01.02.2018, passed by the Government of Tamil Nadu. The said process shall be completed within a period of six weeks from the date of receipt of a copy of this order.

6.With this direction, this Writ Petition is disposed of. No costs.

1.The Secretary to Government Home (Prison IV) Department Secretariat, Fort St.George Chennai 600 009

2.The Additional Director General of Police /Inspector General of Prison No.1, Gandhi Irwin Salai Egmore, Chennai 600 008

3.The Superintendent of Prison Madurai Central Prison Madurai 625 016 .

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