Nagajothi vs State Of Tamil Nadu
2024 Latest Caselaw 21158 Mad

Madras High Court

Nagajothi vs State Of Tamil Nadu on 6 November, 2024

Author: G.R.Swaminathan

Bench: G.R.Swaminathan

                                                                          W.P(MD) No.20837 of 2024


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                Date : 06.11.2024

                                                       CORAM

                            THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
                                              AND
                              THE HONOURABLE MS.JUSTICE R.POORNIMA

                                           W.P(MD) No.20837 of 2024


                     Nagajothi                                             ... Petitioner

                                                        Vs

                     1.State of Tamil Nadu,
                       Rep. by the Additional Chief Secretary to Government,
                       Home (Prison IV) Department,
                       Secretariat, Fort St George,
                       Chennai-600 009.

                     2.The Director General of Prisons and correctional services,
                       Egmore,
                       Chennai-600 008.

                     3.The Deputy Inspector General of Prisons and correctional services,
                       Madurai Central Prison Campus,
                       New Jail Road,
                       Madurai 625 016.

                     4.The Superintendent of Prison,
                       Central Prison,
                       Palayamkottai.




                     1/5

https://www.mhc.tn.gov.in/judis
                                                                              W.P(MD) No.20837 of 2024



                     5.The District Collector,
                       Thoothukudi District,
                       Thoothukudi.                                   ... Respondents


                     PRAYER: Writ Petition filed under Article 226 of the Constitution of
                     India, praying this Court to issue a Writ of Mandamus, to direct the
                     respondents to release the petitioner's husband by name Mariappan
                     (L.C.T.No.23) son of Narayanathevar aged about 57 years confining at
                     Palayamkottai Central Prison as per G.O.Ms.No.488, dated 15.11.2021
                     issued by the first respondent.


                                        For Petitioner    : Mr.R.Venkatesan
                                        For Respondents : Mr.T.Senthil Kumar,
                                                          Additional Public Prosecutor.

                                                          ORDER

(Order of the Court was made by G.R.SWAMINATHAN, J.)

Heard both sides.

2. The petitioner's husband Mariappan figured as 3rd accused in

S.C.No.123 of 2003 on the file of the Additional District and Sessions

Court cum Fast Track Court No.1, Thoothukudi. He was charged with

the offences under Section 302 of IPC r/w Section 34 of IPC. He was

sentenced to life imprisonment vide Judgment dated 31.05.2007.

https://www.mhc.tn.gov.in/judis

Questioning the same, the petitioner filed C.A.No.449 of 2007. The

appeal was also dismissed on 25.06.2009.

3. The petitioner's husband is in incarceration for more than 13

years. No doubt, he is eligible to be considered for premature release in

terms of G.O.Ms.No.488, Home (Prison-IV) Department, dated

15.11.2021. The petitioner states that her husband's co-accused had

already been granted premature release. The grievance of the petitioner

is that her husband's case is pending for consideration on the file of the

first respondent for an unduly long time. Without going into the merits

of the matter, we direct the first respondent to decide the petitioner's

application for release of her husband within a period of sixteen weeks.

4.The Writ Petition is disposed of accordingly.

                                                                 (G.R.S., J.)     (R.P., J.)
                                                                          06.11.2024

                     Index : Yes / No
                     Internet : Yes / No
                     NCC : Yes / No
                     rmi

https://www.mhc.tn.gov.in/judis

To

1.The Additional Chief Secretary to Government, Home (Prison IV) Department, Secretariat, Fort St George, Chennai-600 009.

2.The Director General of Prisons and correctional services, Egmore, Chennai-600 008.

3.The Deputy Inspector General of Prisons and correctional services, Madurai Central Prison Campus, New Jail Road, Madurai 625 016.

4.The Superintendent of Prison, Central Prison, Palayamkottai.

5.The District Collector, Thoothukudi District, Thoothukudi.

https://www.mhc.tn.gov.in/judis

G.R.SWAMINATHAN, J.

AND R.POORNIMA, J.

rmi

06.11.2024

https://www.mhc.tn.gov.in/judis