Madras High Court
Bhima Razu Prasad vs The State Rep. By Its on 26 October, 2021
W.P.No.21985 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.10.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
W.P.No.21985 of 2021
Bhima Razu Prasad ... Petitioner
Versus
The State Rep. by its,
Superintendent of Prison,
Central prison at Puzhal-I. ... Respondent
PRAYER: Writ Petition is filed under Article 226 of the Constitution of
India, praying to issue a Writ of Mandamus, to direct the respondent to
provide the “A” Class facility in view of the Rule 225 of the Tamil Nadu
Prison Rules, 1983 to the petitioner/convict namely Bhima Razu Prasad,
S/o. Late. BVN Rao (CT No.8487) in pursuance of his representation
dated 31.08.2021, immediately.
For Petitioner : Mr.M.Mohamed Saifulla
For Respondent : Mr.A.Damodaran
Additional Public Prosecutor
*****
Page No.1 of 6
W.P.No.21985 of 2021
ORDER
This Writ Petition is filed to direct the respondent to provide the
“A” Class facility in view of the Rule 225 of the Tamil Nadu Prison
Rules, 1983 to the petitioner/convict namely Bhima Razu Prasad, S/o.
Late. BVN Rao (CT No.8487) in pursuance of his representation dated
31.08.2021, immediately.
2.The petitioner is an accused in C.C.No.10 of 2002 was convicted
by the trial court by Judgment dated 25.10.2007, against which the
petitioner had preferred an appeal in Crl.A.No.1089 of 2007 and the
appellate court by Judgment dated 06.01.2020, had confirmed the
conviction and modified the sentence and sentenced the petitioner to
undergo one year simple imprisonment and to pay a fine of Rs.50,000/-
in default to undergo simple imprisonment for a period of three months
for offence under Section 13(2) r/w 13(1) (e) of PC Act, to undergo
simple imprisonment for one month and to pay a fine of Rs.50,000/- in
default to undergo simple imprisonment for a period of one month for
offence under Section 120(b) IPC and to undergo simple imprisonment
W.P.No.21985 of 2021
for a period of one month and to pay a fine of Rs.50,000/- in default to
undergo simple imprisonment for a period of one month for offence
under Section 193 IPC. Thereafter, the petitioner had filed a Criminal
Appeal before the Hon'ble Supreme Court of India in Criminal Appeal
No.305 of 2021 in SLP (Crl.) No.5102 of 2020 and the same was
dismissed on 12.03.2021. Thereafter, the petitioner had surrender before
the trial Court on 14.05.2021.
3.The petitioner is a senior citizen, aged about 70 yeas with severe
health ailments including high blood pressure, diabetics and other old
age ailments. The petitioner is under constant medication and medical
care. The petitioner had filed a petition before the trial Court in
Crl.M.P.No.4530 of 2021, seeking “A” class facility. The petitioner is an
Engineering graduate and further he had acquired other degree. He was a
General Manager (Marketing) in Vishakapatnam Steel Project and Vice
President marketing in Vinayak Steel Limited, a Private Limited
Company. He is an income tax assessee for the past 40 years and he has
accustomed to a superior mode of living and he would allow to take his
W.P.No.21985 of 2021
medicines without any obstruction. Further some of the medicines are
very vital for the survival of the petitioner.
4.The learned Additional Public Prosecutor submits that the
representation of the petitioner dated 31.08.2021, had been forwarded to
the concerned authority and awaiting for the report.
5.The learned counsel appearing for the petitioner submits that the
petitioner is an Engineering graduate, worked as a General Manager in
Vishakapatnam Steel Project, an income tax assessee and he is entitled
for “A” Class facility. The copies of the income tax returns are produced
before this Court. Further the petitioner had approached the trial Court
during his surrender seeking “A” class facility. The trial Court by order
dated 03.08.2021, had directed the petitioner to approach the competent
authority i.e. the Superintendent of Prison, Puzhal for the classification
of “A” Class facility.
W.P.No.21985 of 2021
6.Considering the submissions and on perusal of the materials, it is
seen that the petitioner is an Engineering graduate and an income tax
assessee fulfilling the requirement of Rule 225 of the Tamil Nadu Prison
Manual. In this case, the petitioner being an Engineering graduate, an
income tax assessee and lead a habit of life, accustomed to a superior
mode of living. In view of the same, this Court is inclined to direct the
competent authority to provide “A” Class facility to the convict and thus,
the Superintendent of Prison, Puzhal is directed to provide “A” facility to
the petitioner.
7.With the above direction, this Writ Petition stands disposed of.
However, there shall be no order as to costs.
26.10.2021
Index: Yes/No
Internet: Yes/No
ah
To
1.The Superintendent of Prison,
Central prison at Puzhal-I
2.The Public Prosecutor,
High Court, Madras.
W.P.No.21985 of 2021
M.NIRMAL KUMAR, J.
ah
W.P.No.21985 of 2021
26.10.2021
