Madras High Court
S.Muthulakshmi vs The State Of Tamil Nadu Represented By ... on 18 January, 2019
Author: C.T.Selvam
Bench: C.T.Selvam, S.Ramathilagam
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.01.2019
CORAM:
THE HONOURABLE Mr.JUSTICE C.T.SELVAM
and
THE HONOURABLE Mrs.JUSTICE S.RAMATHILAGAM
HCP. No.1516 of 2018
S.Muthulakshmi
... Petitioner
-Vs-
1. The State of Tamil Nadu represented by its
Additional Chief Secretary to Government and
Secretary to Government,
Department of Home,
Government of Tamil Nadu,
Fort St. George, Chennai-600 009.
2. Additional Director General of Police and
Inspector General of Prisons,
Whannels Road, Egmore, Chennai.
3. The Superintendent of Prisons,
Central Prison-I, Puzhal,
Chennai.
4. The Inspector of Police,
Maduravoyel Police Station,
Chennai-95.
... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ
of Habeas Corpus, directing the respondents to release the detenu prematurely
under the G.O.(Ms).No.64 dated 01.02.2018 issued by the first respondent and
produce the detenu J.Saravanan, Son of Jayapal, aged about 34 years, Life convict
prisoner No.85 detained at Central Prison-I, Puzhal, Chennai-66 before this Hon'ble
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Court and set him at liberty.
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For Petitioner : Mr.S.Saravanan
For Respondents : Mr.R.Prathap Kumar
Additional Public Prosecutor
***
ORDER
[Order of the Court was made by C.T.SELVAM, J] Petitioner, who is the wife of the detenue viz., J.Saravanan [Convict Prisoner No.85, now confined at Central Prison-1, Puzhal, Chennai], Son of Jayapal, aged 34 years, seeks a direction to respondents to produce her husband before this Court and to set him at liberty.
2. Petitioner's husband faced trial in S.C.No.439 of 2002 on the file of learned Fast Track Court-II, Kancheepuram and he was convicted for offence u/s 449 and 302 IPC and sentenced to undergo Life imprisonment for offence u/s 302 IPC and 10 years R.I for offence u/s 449 IPC. Both the sentences were ordered to run concurrently. Under judgment in Crl.A.No.1698 of 2003 dated 26.06.2006, this Court was pleased to confirm the judgment of trial Court. Seeking premature release, petitioner submitted a representation dated 01.03.2018 to first respondent and the same is yet to be considered. Hence, the present petition.
3. We have heard learned counsel for petitioner as also learned Additional Public Prosecutor for respondents.
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4. It is brought to notice by the learned Additional Public Prosecutor that the 3 detenu having been granted Leave for a period of three days and had absconded over a period of six years and hence, he is not entitled to the relief under G.O.(Ms) No.64, Home (Prison-IV) Department, dated 01.02.2018.
5. Learned counsel for petitioner submits that the factual position is that the convict prisoner become ineligible since he has overstayed his parole, which, when the period is of 6 years, can only be seen as absconded.
6. We find ourselves in agreement. This Habeas Corpus Petition shall stand dismissed. However, the dismissal of this petition shall not stand in the way of the authorities to consider the premature on subsequent release.
[C.T.S.,J.] [S.R.T.,J.]
18.01.2019
Internet : Yes
kmi
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To
1. The Additional Chief Secretary to Government and Secretary to Government, Department of Home, Government of Tamil Nadu, Fort St. George, Chennai-600 009.
2. The Additional Director General of Police and Inspector General of Prisons, Whannels Road, Egmore, Chennai.
3. The Superintendent of Prisons, Central Prison-I, Puzhal, Chennai.
4. The Inspector of Police, Maduravoyel Police Station, Chennai-95.
5. The Public Prosecutor, High Court, Madras.
http://www.judis.nic.in 5 C.T.SELVAM, J and S.RAMATHILAGAM, J kmi HCP. No.1516 of 2018 18.01.2019 http://www.judis.nic.in