IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 15.02.2017 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN and THE HON'BLE MR.JUSTICE T.MATHIVANAN H.C.P.No.256 of 2017 Manickam .. Petitioner Vs
1. The State of Tamil Nadu, rep by the Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai-600 009.
2. The Additional Director Geneal of Police and Inspector General of Prisons, Gandhi Irwin Road, Egmore, Chennai-600 008.
3. The Superintendent of Prison, Central Prison-I, Chennai. .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS, directing the respondents to produce the petitioner namely, Manickam, son of Karuppaiya, Life Convict, C.T.No.11192, aged about 30 years, now confined in the Central Prison, Coimbatore , before this court and directing the respondents to consider him immediately, for premature release and to set him at liberty.
For Petitioner : Mr.J.Stalin For Respondents : Mr.V.M.R.Rajentran, APP ORDER [Order of the Court was made by M.JAICHANDREN,J] This Habeas Corpus Petition has been filed by the petitioner, seeking a direction to the respondents to produce the petitioner, Manickam, son of Karuppaiya, aged about 30 years, a Life convict, C.T.No.11192, now confined in the Central Prison, Coimbatore, before this court and to consider him, for premature release, immediately, under G.O.Ms.No.1155, Home (Pri.IV) Department, dated 11.9.2008, and to set him at liberty.
2. We have heard the learned counsel appearing on behalf of the petitioner, as well as the learned Additional Public Prosecutor appearing on behalf of the State.
3. The learned counsel appearing on behalf of the petitioner had submitted that the petitioner is a life convict and he has been serving his sentence of life imprisonment, in the Cenral Prison, Coimbatore. It has been further submitted that the petitioner had completed 10 years of imprisonment, as a life convict, as on 17.01.2017 and therefore, he is eligible to be considered for premature release, as per G.O.Ms.No.1155, Home (Pri.IV) Department, dated 11.9.2008. The learned counsel appearing on behalf of the petitioner had further submitted that the petitioner's relative had sent a representation, dated 10.02.2017, to the third respondent, to consider the petitioner, for premature release. Therefore, the learned counsel appearing on behalf of the petitioner has submitted that it would suffice, if the third respondent, is directed to dispose of the representation, dated 10.02.2017, on merits and in accordance with law, within a specified period.
4 The learned Additional Public Prosecutor appearing on behalf of the respondents has submitted that the convict concerned may be permitted to submit a fresh representation, to the Principal Secretary, Home Department, Government of Tamil Nadu, Fort St. George, Chennai, seeking premature release and the Principal Secretary, Home Department, Government of Tamil Nadu, may be directed to dispose of the same, within a specified period.
5 In view of the said submission made by the learned counsel appearing on behalf of the petitioner, as well as the learned Additional Public Prosecutor appearing on behalf of the respondents, this Court finds it appropriate to permit the convict concerned to submit a fresh representation to the Principal Secretary, Home Department, Government of Tamil Nadu, Fort St.
George, Chennai. Accordingly, the convict concerned is permitted to submit a fresh representation to the Principal Secretary, Home Department, Government of Tamil Nadu, Fort St. George, Chennai, within a period of two weeks from the date of receipt of a copy of this order, along with a copy of this order. On receipt of such representation, the Principal Secretary, Home Department, Government of Tamil Nadu, is directed to consider and dispose of the same, on merits and in accordance with law and as per G.O.Ms.No.1155, Home (Pri.IV) Department, dated 11.9.2008, within a period of eight weeks, thereafter. The Habeas Corpus Petition is closed, with the above directions.
[M.J.,J.] [T.M.,J.] 15.02.2017 gpa To
1. The Secretary to Government, The State of Tamil Nadu, Home, Prohibition and Excise Department, Secretariat, Chennai-600 009.
2. The Additional Director Geneal of Police and Inspector General of Prisons, Gandhi Irwin Road, Egmore, Chennai-600 008.
3. The Superintendent of Prison, Central Prison-I, Chennai.
4. The Public Prosecutor, High Court, Madras.
M.JAICHANDREN,J.
AND T.MATHIVANAN, J.
gpa
H.C.P.No.256 of 2017
15.02.2017
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