[Cites 2, Cited by 0]
Madras High Court
C.Kothandaraman vs The State Of Tamil Nadu on 19 January, 2026
Author: G.K.Ilanthiraiyan
Bench: G.K. Ilanthiraiyan
W.P.Crl.(MD) No.1805 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 19.01.2026
CORAM:
THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN
AND
THE HONOURABLE MS.JUSTICE R. POORNIMA
W.P.Crl.(MD) No.1805 of 2025
C.Kothandaraman ... Petitioner
-vs-
1.The State of Tamil Nadu,
rep. by Principal Secretary to Government,
Home (Prison-IV) Department,
State of Tamil Nadu,
Secretariat, St. George Fort,
Chennai-600 009.
2.The Inspector General of Prisons,
C.M.D.A.Towers II,
No.1, Gandhi Irvin Road,
Egmore, Chennai-8.
3.The Deputy Inspector General of Prison,
Office of the Deputy Inspector General of Prison,
Trichy Division,
Trichy.
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W.P.Crl.(MD) No.1805 of 2025
4.The Superintendent of Prison,
Trichy Central Prison,
Trichy District. ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a
writ of Certiorarified Mandamus, to call for the records connected with the
impugned order G.O(D)No.219, dated 28.02.2025 issued by the Respondent No.1
and set aside the same as illegal, consequently to direct the respondents to release
the brother by name C.Selvakumar @ Murugesan (C.P.No.14559), son of
Chinnannan, aged about 50 years now lodged and confined at Central Prison,
Trichy have completed the more than 22 years of actual sentence on the basis of
the humanitarian ground in Government Letter M.S.No.1358, Home dated
10.11.1994 and on the basis of the Advisory Board Scheme G.O.Ms.No.596 of
2023, dated 24.11.2023 by considering the petitioner's representation dated
04.03.2024 in accordance with law.
For Petitioner : Mr.R.Prakash
For Respondents : Mr.T.Senthil Kumar
Additional Public Prosecutor
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W.P.Crl.(MD) No.1805 of 2025
ORDER
[Order of the Court was made by G.K.ILANTHIRAIYAN, J.]
This writ petition has been filed challenging the order passed by the first
respondent dated 28.02.2025, thereby rejecting the request made by the petitioner
seeking premature release for his brother.
2. The petitioner's brother by the judgment dated 20.10.2024 convicted in
S.C.No.34 of 1999 for the offence punishable under Sections 148, 341 and 302
r/w 34 IPC and sentenced him to undergo Life Imprisonment. The petitioner
challenged the order of rejection passed by the first respondent, subsequently, the
petitioner submitted an another representation seeking premature release of his
brother.
3. The learned Additional Public Prosecutor appearing for the respondents
would submit that the Government have issued a Standard Operating Procedure
for consideration of premature release of prisoners vide G.O(Ms)No.12, Home,
(Prison-IVA) Department, dated 10.01.2025. Based on Tamil Nadu Prison Rules,
2024 and standard operating procedure, proposal for consideration of premature
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release of the prisoner was received from the Director General of Prisons and
Correctional Services of the Government and it is under consideration and they
are awaiting for the report from the trial Court. After receiving the said report,
the request made by the petitioner seeking premature release of his brother will be
considered as per Rule 348 of the Tamil Nadu Prison Rules, 2024.
4. Considering the above, the second respondent is directed to consider the
representation submitted by the petitioner seeking premature release for his
brother and pass orders on merits and in accordance with law, within a period of
sixteen (16) weeks from the date of receipt of a copy of this order.
5. With the above direction, this writ petition is disposed of.
[G.K.I., J.] [R.P., J.]
19.01.2026
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
am
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To:
1.The Principal Secretary to Government,
Home (Prison-IV) Department,
State of Tamil Nadu,
Secretariat, St. George Fort,
Chennai-600 009.
2.The Inspector General of Prisons,
C.M.D.A.Towers II,
No.1, Gandhi Irvin Road,
Egmore, Chennai-8.
3.The Deputy Inspector General of Prison,
Office of the Deputy Inspector General of Prison,
Trichy Division,
Trichy.
4.The Superintendent of Prison,
Trichy Central Prison,
Trichy District.
5. The Additional Public Prosecutor
Madurai Bench of Madras High Court
Madurai.
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G.K.ILANTHIRAIYAN, J.
and
R. POORNIMA, J.
am
19.01.2026
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