Madras High Court
R.Parvatham vs The Additional Chief Secretary To ... on 5 December, 2022
W.P.(MD)No.22847 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05.12.2022
CORAM
THE HON'BLE DR.JUSTICE G.JAYACHANDRAN
AND
THE HON'BLE MR.JUSTICE SUNDER MOHAN
W.P.(MD)No.22847 of 2019
R.Parvatham .. Petitioner
Vs.
1.The Additional Chief Secretary to the Government,
State of Tamilnadu,
Home (Prison-IV) Department,
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 Irvin Road,
Egmore, Chennai – 600 008.
3.The Superintendent of Prison,
Central Prison,
Trichy. .. Respondents
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W.P.(MD)No.22847 of 2019
PRAYER: Petition filed under Article 226 of the Constitution of India to
issue a writ of Certiorarified Mandamus, call for the proceedings of the
first respondent in G.O(D).No.52 dated 18.01.2019 and quash the same
and consequently directing the respondents to release the petitioner's son
namely, Baskar, son of Raman, aged about 45 years CP No.14693, now
confined at Central Prison, Trichy and set him at liberty forthwith.
For Petitioner : Mr.N.Mohideen Basha
For Respondents : Mr.S.Ravi
Additional Public Prosecutor
ORDER
DR.G.JAYACHANDRAN, J.
and
SUNDER MOHAN, J.
The mother of the convict has filed this writ petition seeking
certiorarified mandamus to quash the proceedings of the first respondent
in G.O.(D)No.52 dated 18.01.2019 and to release her son Baskar
prematurely.
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W.P.(MD)No.22847 of 2019
2.The short facts of the case is that the petitioner's son Baskar was
tried for the offence under Section 498A IPC and Section 4 of the Dowry
Prohibition Act and the same was tried in C.C.No.47/2004 by the Judicial
Magistrate No.VI, Trichy. After the said occurrence, he murdered his
wife and therefore another Sessions Case against him for offence under
Sections 302 and 506(ii) IPC was registered in Crime No.451/2004 on
the file of Thiruverumbur police station. The same was taken on file in
S.C.No.113/2005. As far as the offence under Section 302 IPC is
concerned, he was convicted and sentenced to undergo Life
Imprisonment by the learned Principal Additional District and Sessions
Judge(FTC No.II), Trichy vide judgment dated 23.02.2006.
Subsequently, in the case registered under Section 498A IPC and Section
4 of Dowry Prohibition Act, he was found guilty for offence under
Section 498A and sentenced to undergo eight months Simple
Imprisonment.
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W.P.(MD)No.22847 of 2019
3. Earlier, this petitioner sought for premature release taking
advantage of the Government Order in G.O.Ms.No.1155 dated
11.09.2008 issued by the Government. However that petition was not
considered favourably by the Government citing that the petitioner is not
entitled for premature release in view of the restriction imposed in
G.O.Ms.No.1762, Home Department, dated 20.07.1987. Thereafter,
Habeas Corpus Petition was filed on his behalf before this Court in
H.C.P(MD)No.201/2018 for considering the representation of his
premature release. This Court considering the provisions of law has
passed the following order:
“4. As it is always open to Government to consider
the representation in exercise of power under
Article 161 of the Constitution of India in keeping
with Chapter XXXII-E of Cr.P.C., it is for
Government to consider the representation of the
petitioner dated 14.02.2018 and act as properly.
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W.P.(MD)No.22847 of 2019
Respondents are required to do it, within a period
of four weeks from the date of receipt of a copy of
this order.”
4. Thereafter a representation was given by the petitioner herein to
the Government and the same was considered and rejected stating that
the Life Convict been found guilty of offence under Section 498A IPC,
which is considered as an ineligible offence for premature release.
5. The learned counsel for the petitioner would submit that as far
as the offence under Section 498A of IPC, the petitioner was sentenced
to undergo eight months Simple Imprisonment, which he has already
undergone and therefore as on date he is suffering incarceration only for
offence under Section 302 IPC simpliciter and therefore the bar stated in
G.O.Ms.No.64 Home (Prison-IV) Dept. dated 01.02.2018 is not
applicable to the son of the petitioner.
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W.P.(MD)No.22847 of 2019
6. The learned Additional Public Prosecutor appearing for the State
would submit that the son of the petitioner, who has found guilty for the
offence against women causing the cruelty in connection with the dowry
demand as well as murder is not entitled for premature release, however,
he can seek for remission under Rule 341 of the Tamil Nadu Prison Rules
since he had already completed 14 years of imprisonment.
7. Recording the said submission, this Court disposed of this writ
petition directing the Life Convict to make appropriate representation to
the Government for considering the release under Rule 341 of the Tamil
Nadu Prison Rules, 1983. If any such representation will be made, same
may be considered in accordance with law within a period of 90 days
from the date of receipt of the representation. No Costs.
[G.J.,J.] & [S.M.,J.]
05.12.2022
Index: Yes/No
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https://www.mhc.tn.gov.in/judis
W.P.(MD)No.22847 of 2019
Internet:Yes/No
PJL
To
1.The Additional Chief Secretary to the Government,
State of Tamilnadu,
Home (Prison-IV) Department,
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 Irvin Road,
Egmore, Chennai – 600 008.
3.The Superintendent of Prison,
Central Prison,
Trichy.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
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https://www.mhc.tn.gov.in/judis
W.P.(MD)No.22847 of 2019
Madurai.
DR.G.JAYACHANDRAN, J.
and
SUNDER MOHAN, J.
PJL
W.P.(MD)No.22847 of 2019
05.12.2022
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