Madras High Court
Muthulakshmi vs The State Of Tamilnadu ... on 12 June, 2023
W.P.( MD) No.6393 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 12.06.2023
CORAM:
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR
AND
THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN
W.P. (MD) No.6393 of 2023
Muthulakshmi ... Petitioner
Vs.
1.The State of Tamilnadu represented by
The Home Secretary,
The Government of Tamil Nadu,
Fort St. George,
Chennai.
2.The State of Tamilnadu represented by
The Principal Secretary,
Home (Prison) Department,
The Government of Tamil Nadu,
Fort St. George,
Chennai.
3.The Additional Director General of Police / Inspector of Police,
C.M.D.A. Towers II, No.
Gandhi Irvin Road,
Egmore, Chennai - 8.
4.The Deputy Inspector General of Prisons,
Madurai Circle,
Madurai.
1/6
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W.P.( MD) No.6393 of 2023
5.The Superintendent of Central Prison,
Central Prison, Madurai,
Madurai District.
6.The Inspector of Police,
Y.Othakkadai Police Station,
Madurai District. ...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Mandamus, directing the
respondents to release the petitioner husband (Namely Pandi S/o. Muthaiah
Thevar (L.C.T. No.5201) in Madurai Central Prison, by premature release in
accordance with G.O. (Ms) No.488 dated 15.11.2021 as request as per the
representation of the petitioner dated 25.01.2023 within the stipulated time
frame fixed by this Hon'ble Court.
For Petitioner : Mr.Sivaprakash
For Respondents : Mr.A.Thiruvadi Kumar
Additional Public Prosecutor
ORDER
(Order of the Court was made by R.SURESH KUMAR, J.)
The prayer sought for herein is for a Writ of Mandamus to
consider the representation of the petitioner dated 25.01.2023 for release of
the petitioner's husband, namely Pandi S/o. Muthaiah Thevar, (L.C.T. No.
5201) who is in Madurai Central Prison, by premature release in accordance
with G.O. (Ms) No.488 dated 15.11.2021 within a time frame.
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W.P.( MD) No.6393 of 2023
2. Heard Mr.Sivaprakash, learned counsel appearing for the
petitioner and Mr.A.Thiruvadi Kumar, learned Additional Public Prosecutor
appearing for the respondents.
3. In S.C.No.393 of 2010, on the file of Additional District and
Sessions Judge, (Fast Track Court No.III), Madurai, a life imprisonment has
been inflicted against Pandi S/o. Muthiah Thevar, by judgment dated
11.04.2011. The said judgment was appealed in Criminal Appeal (MD) No.
128 of 2011 and the same was dismissed on 23.02.2012. Therefore, the
convict has been in jail since then, hence, according to the petitioner, he is
entitled to premature release by extending the benefit of G.O. (Ms) No.488
Home (Prision - IV) dated 15.11.2021.
4. Therefore, in order to consider the said plea made by the
petitioner made on behalf of the detenu, the petitioner had given a
representation to the respondents on 25.01.2023.
5. In response to the said representation, the 3rd respondent has
sent a communication on 16.02.2023, stating that the representation dated
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W.P.( MD) No.6393 of 2023
25.01.2023 submitted on behalf of the detenu for consideration of the
premature release of the detenu is under the consideration of the
Government, therefore, orders would be passed thereon.
6. In view of the said stand taken by the third respondent, where
the representation submitted on behalf of the detenu has been under the
consideration of the first respondent, we feel that, a direction can be given.
7. Accordingly, this Writ Petition is disposed of with a direction,
directing the first respondent to consider the representation of the petitioner
dated 25.01.2023, claiming the premature release of the detenu concerned
and accordingly pass orders thereon on merits and in accordance with law
within a period of 12 weeks from the date of receipt of a copy of this order.
8. With these directions, this Writ Petition stands disposed of.
However, there shall be no order as to costs.
(R.S.K., J.) & (K.K.R.K, J.)
12.06.2023
NCC : Yes / No
Index : Yes / No
SJ
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W.P.( MD) No.6393 of 2023
To
1.The Home Secretary,
The Government of Tamil Nadu,
Fort St. George,
Chennai.
2.The Principal Secretary,
Home (Prison) Department,
The Government of Tamil Nadu,
Fort St. George,
Chennai.
3.The Additional Director General of Police / Inspector of Police,
C.M.D.A. Towers II, No.
Gandhi Irvin Road,
Egmore, Chennai - 8.
4.The Deputy Inspector General of Prisons,
Madurai Circle,
Madurai.
5.The Superintendent of Central Prison,
Central Prison, Madurai,
Madurai District.
6.The Inspector of Police,
Y.Othakkadai Police Station,
Madurai District.
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W.P.( MD) No.6393 of 2023
R.SURESH KUMAR, J.
AND
K.K.RAMAKRISHNAN, J.
SJ
W.P. (MD) No.6393 of 2023
12.06.2023
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