Madras High Court
Mani @ Kovai Mani vs The State Rep. By Its on 27 April, 2023
W.P.No.9001 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.04.2023
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR
and
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR
W.P.No.9001 of 2023
Mani @ Kovai Mani
S/o.Krishnan .. Petitioner
Vs.
1. The State rep. by its
The Home Secretary (Prison)
Secretariat, Fort St.George, Chennai-600 009.
2. The Director General of Police &
Inspector General of Prisons
Whannels Road, Egmore
Chennai-600 008
3. The District Collector
Office of the District Collector
Chennai – 600 001
3. The Superintendent of Prison
Central Prison
Vellore-2.
4. The Superintendent of Prison
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W.P.No.9001 of 2023
Central Prison at Puzhal I
Thiruvallur District – 600 066 .. Respondents
Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of a writ of Mandamus to direct the respondents to
prematurely release the petitioner Mani @ Kovai Mani, S/o.Krishnan (CT
No.1249) under Rule 341 of Tamil Nadu Prison Rules, 1983 in pursuance of
representation dated 09.02.2023.
For Petitioner : Mr.M.Mohamed Saifulla
For Respondents : Mr.R.Muniyapparaj
Additional Public Prosecutor
ORDER
[Order of the Court was made by M.SUNDAR, J.,]
This order will now dispose of the captioned writ petition.
2. Mr.M.Mohamed Saifulla, learned counsel on record for petitioner
who is before us submits that the captioned writ petition has been filed with
a mandamus prayer qua a 'representation dated 09.02.2023' [hereinafter 'said
representation' for the sake of convenience and clarity] wherein prayer is to
constitute the Advisory Board under Rule 341 of 'Tamil Nadu Prison Rules,
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W.P.No.9001 of 2023
1983' [hereinafter 'said Rules' for the sake of convenience and clarity] and
consider the plea of premature release of petitioner Mani @ Kovai Mani,
life convict (convict No.1249, now lodged in Central Prison, Puzhal).
3. This order has to be read in conjunction with and in continuation of
earlier proceedings made in previous listings more particularly proceedings
made in previous listings on 24.03.2023, which reads as follows:
'Captioned 'Writ Petition' (hereinafter 'W.P.' for the sake of
convenience and clarity) has been filed by a lifer i.e., Mani @ Kovai
Mani, aged 55 years (Convict No.CT 1249) who is now lodged in
Central Prison I, Puzhal, Chennai having been convicted for
offences under Section 394 read with 397 of 'The Indian Penal Code
(45 of 1860)' [hereinafter 'IPC' for the sake of convenience and
clarity] in and by judgment dated 23.10.2007 on the file of
Additional Sessions Judge (Fast Track Court III), Poonamallee. We
are informed that appeals in this Court and further Special Leave
Petitions in Honourable Supreme Court as against conviction have
been dismissed. However, it is not necessary to advert to these details
further as captioned WP pertains to premature release of the
petitioner. To be noted, the petitioner has been incarcerated for 14
years.
2. Mr.M.Mohamed Saifulla, learned counsel for petitioner
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W.P.No.9001 of 2023
submits that the Advisory Board met on 22.04.2022 and
recommendation qua premature release of the petitioner has been
made but there is a lull. Learned counsel also draws our attention to
the representation dated 09.02.2023 which was sent through the
fourth respondent i.e., Superintendent of aforesaid prison where lifer
is now lodged.
3. Issue notice. Mr.R.Muniyapparaj, learned State
Additional Public Prosecutor accepts notice for all the four
respondents.
4. Learned State Additional Public Prosecutor adverting
to Nilofer Nisha case reported in (2020) 14 SCC 161 (Home
Secretary (Prison) Vs. H.Nilofer Nisha) more particularly
paragraph 31 thereat submits that three months time is required. Be
that as it may, learned State Additional Public Prosecutor submits
that the matter is under active consideration of the State.
5. In response to the Nilofer Nisha case pressed into
service by the learned State Additional Public Prosecutor, learned
counsel for petitioner drew our attention to an order dated
07.07.2021 in Sonadhar's case (to be noted Nilofer Nisha case order
is dated 23.01.2020). Learned counsel for petitioner who has
placed before us the order of Honourable Supreme Court in
Sonadhar Vs. State of Chattisgarh (SLP (Crl) 514/2021) submits
that the prosecutor's request for three months has to be viewed in the
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W.P.No.9001 of 2023
light of Sonadhar's case. We make it clear that we will consider this
aspect of the mater as the case progresses if the need arises.
6. Be that as it may, in the case on hand, as there is no
disputation or contestation that the Advisory Board met on
22.04.2022 and we are informed that the matter is under active
consideration of the State, we deem it appropriate to list this matter
four weeks hence.
List on 21.04.2023.'
4. Adverting to aforementioned proceedings, Mr.R.Muniyapparaj,
learned State Additional Public Prosecutor, assisted by Mr.M.Sylvester
John, learned counsel submits that the said representation is under active
consideration of the respondents and a decision on the same will be taken as
expeditiously as the business of the respondents would permit and in any
event by 12.06.2023.
5. This drops the curtains on the captioned writ petition. We make it
clear that respondents shall take a decision on the said representation on its
own merits and in accordance with law. However, we also notice that the
submission at the Bar on instructions is, the said representation is under
active consideration of the respondents.
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W.P.No.9001 of 2023
6. We dispose of the captioned writ petition recording the stated
position of the State. There shall be no order as to costs.
7. Though we dispose of the captioned writ petition recording the
stated position of the State, we deem it appropriate to direct the Registry to
list the captioned writ petition under the cause list caption 'FOR
REPORTING COMPLIANCE' on 15.06.2023.
(M.S.,J.) (M.N.K.,J.)
27.04.2023
Index : No
Non-speaking order
Neutral Citation :No
gpa
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W.P.No.9001 of 2023
To
1. The Home Secretary (Prison)
Secretariat, Fort St.George, Chennai-600 009.
2. The Director General of Police &
Inspector General of Prisons
Whannels Road, Egmore
Chennai-600 008
3. The District Collector
Office of the District Collector
Chennai – 600 001
4. The Superintendent of Prison
Central Prison
Vellore-2.
5. The Superintendent of Prison
Central Prison at Puzhal I
Thiruvallur District – 600 066
6. The Public Prosecutor
High Court, Madras.
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W.P.No.9001 of 2023
M.SUNDAR, J.,
and
M.NIRMAL KUMAR, J.,
gpa
W.P.No.9001 of 2023
27.04.2023
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