Madras High Court
N.Saraswathi vs The State Of Tamil Nadu on 5 July, 2021
W.P(MD)NO.10261 OF 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED:05.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
AND
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P(MD)NO.10261 of 2021
N.Saraswathi :Petitioner
.vs.
1.The State of Tamil Nadu,
represented by the Principal Secretary to Government,
Home(Prison) Department,
Tamil Nadu Government Chief Secretariat,
Fort St.George,
Chennai – 600 009.
2.The Additional Director General of Police/
The Inspector General of Prisons,
C.M.D.A.Towers,II,
No.1, Gandhi Irwin Road,
Egmore,
Chennai – 600 008.
3.The Superintendent of Prison,
Madurai Central Prison,
Madurai. : Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution
of India, praying this Court to issue a Writ of directing the
respondents to consider ''premature release'' for the Petitioner's
husband namely, Sathiya @ Sathyan, aged about 43 years, now
confined at Central Prison, Madurai as Life Convict No.5891 in
terms of G.O(Ms)No.64, Home(Prison-IV)Department, dated
1/6
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W.P(MD)NO.10261 OF 2021
01.12.2018 and set him at liberty forthwith by extending the
benefit to the Petitioner's husband as per the clarification
letter/Memo No.1418/W.1/1989, issued by the Inspector/Director
General of Prisons, dated 4.11.1989 and on the light of the verdict
made in Criminal Appeal No.120 of 2019 by the Apex Court and on
considering the representation of the Petitioner, dated 8.5.2021
within the period stipulated by this Court.
For Petitioner :Ms.Yasmin Begum
For Respondents :Mr.S.Ravi
Standing Counsel for the State
ORDER
*************
[Order of the Court was made by K.KALYANASUNDARAM.,J.]
Heard Ms.P.Yasmin Begum, learned counsel appearing for
the Petitioner and Mr.S.Ravi, learned Standing Counsel for the
State appearing for the respondents and perused the materials
placed before this Court.
2.The prayer in the Writ Petition is to consider ''premature
release'' for the Petitioner's husband namely, Sathiya @ Sathyan,
aged about 43 years, now confined at Central Prison, Madurai as
Life Convict No.5891 in terms of G.O(Ms)No.64, Home(Prison-
IV)Department, dated 01.12.2018 and set him at liberty forthwith
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W.P(MD)NO.10261 OF 2021
by extending the benefit to the Petitioner's husband as per the
clarification letter/Memo No.1418/W.1/1989, issued by the
Inspector/Director General of Prisons, dated 4.11.1989 and in the
light of the verdict made in Criminal Appeal No.120 of 2019 by
the Apex Court and on considering the representation of the
Petitioner, dated 8.5.2021.
3.The Petitioner would state that her husband was
implicated as one of the accused in Crime No.308 of 1997, for the
offence under Sections 449, 394 r/w 397, 302 r/w 34 of IPC along
with two others. The learned Additional District Judge, Fast Track
Court No.I, Chengalpattu in S.C.No.161 of 1998 found him guilty
and sentenced him to undergo 10 years rigorous imprisonment
with a fine of Rs.1,000/- for the offence under Section 449 IPC, 10
years rigorous imprisonment with a fine of Rs.1,000/- for the
offence under Section 394 r/w397 IPC and life imprisonment with a
fine of Rs.2,000/- for the offence under Section 302 r/w 34 IPC by
order, dated 5.2.2003 and ordered the sentence to run
concurrently. The Petitioner would further state that the appeal
preferred before the High Court in C.A.No.466 of 2003 was
dismissed and the judgment of the Trial Court was confirmed.
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W.P(MD)NO.10261 OF 2021
4.The learned counsel for the Petitioner would state that the
Life Convict Sathya @ Sathyan has been in judicial custody since
5.2.2003. The principles laid down by the Honourable Apex Court
in the case of The State of Tamil Nadu and others .vs. P.Veera
Bhaarathi, made in Criminal Appeal No.120 of 2019 is
squarely applicable to the case of the Petitioner and he is entitled
for premature release. She further added that it would suffice to
direct the respondent to pass orders on the representation of the
Petitioner.
5.The learned Standing Counsel for the State appearing for
the respondents would submit that the representation of the
Petitioner is pending and they are ready to consider the same in
accordance with law.
6.In the light of the submissions made by the learned counsel
appearing on either side, this Court, without expressing any
opinion of the merits of the matter, directs the first respondent to
pass orders on the representation of the Petitioner, dated 8.5.2021
purely on merits and in accordance with law, within a period of
eight weeks from the date of receipt of a copy of this order and
communicate the same to the Petitioner.
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W.P(MD)NO.10261 OF 2021
7.With the above direction, the Writ Petition stands disposed
of. No costs.
[M.K.K.S.,J.] & [B.P.,J.]
05.07.2021
Index:Yes/No
Internet:Yes/No
vsn
To
1.The Principal Secretary to Government,
Government of Tamil Nadu,
Home(Prison) Department,
Tamil Nadu Government Chief Secretariat,
Fort St.George,
Chennai – 600 009.
2.The Additional Director General of Police/
The Inspector General of Prisons,
C.M.D.A.Towers,II,
No.1, Gandhi Irwin Road,
Egmore,
Chennai – 600 008.
3.The Superintendent of Prison,
Madurai Central Prison,
Madurai.
https://www.mhc.tn.gov.in/judis/
W.P(MD)NO.10261 OF 2021
K.KALYANASUNDARAM, J.
AND
B.PUGALENDHI, J.
vsn
0RDER MADE IN
W.P(MD)NO.10261 OF 2021
05.07.2021
https://www.mhc.tn.gov.in/judis/
