Full order of THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN and THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN W.P.(MD)No.15727 of 2021 +– Lordships Justice S.Vaidyanathan and Justice G.Jayachandran rendered in Madurai Bench, by which the Parole that was granted long back has been cancelled and the accused was ordered to surrender himself
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 12.11.2021
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
and
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
W.P.(MD)No.15727 of 2021
P.Veera Bhaarathi … Petitioner
Vs.
The State of Tamil Nadu, Rep. by,
1.The Principal Secretary to Government,
Home(Prison) Department,
Tamil Nadu Govt. Chief Secretariat,
St. George Fort, Chennai- 600 009.
2.The Additional D.G.P/IG of Prisons,
Wanels Road, Egmore,
Chennai-600 008.
3.R.Kanagaraj,
DIG of Prisons,
Madurai Range,
Central Prison Campus,
Madurai-625 016.
4.Senthamarai Kannan,
Superintendent,
Central Prison,
Palayamkottai-627 002. … Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records in the order G.O(D).No.227/Home(Prison IV) Department/2017, dated 23.02.2017 passed by the first respondent which arbitrarily rejected the petitioner’s premature release from life imprisonment, and quashing the same as illegal and consequently to release the petitioner Veera Bhaarathi, son of Ponniah, aged about 50/2021 years forthwith from the sentence of life imprisonment, under the provisions of Rule No.341 of the Tamilnadu Prison Rules, 1983 read with Articles 14, 20 & 21 of the Indian Constitution.
For Petitioner : Mr.P.Veera Bhaaarathi
Party-in-person
For Respondents : Mr.S.Ravi
Additional Public Prosecutor
O R D E R
S.VAIDYANATHAN, J.
And
DR.G.JAYACHANDRAN, J.
This writ petition is filed by the life convict to consider his request for premature release.
2.Pending this writ petition, this Court was inclined to grant parole to the writ petitioner to contest his case as party-in-person and the concession given by this Court was time to time extended since 2017. Finally, parole was granted for him from 01.01.2019 to appear before the Apex Court and that order was later extended until further orders by this Court vide order, dated 11.02.2019. For one reason or another, this writ petition seeking premature release been adjourned and pending before this Court and the petitioner herein continue to enjoy the parole all along.
3.When the matter was taken up for hearing on Monday, ie., on 08.11.2021, the petitioner appeared in person and argued his case. Also sought time to circulate his written submission and citations. The learned Additional Public Prosecutor was also directed to circulate the entire records to this Court to appreciate the submissions made by the petitioner as well as the learned Additional Public Prosecutor.
4.Today, the case was listed again. As per the directions, the entire records furnished by the learned Additional Public Prosecutor. The petitioner-in-person appeared before this Court and submitted his written submission along with citations.
5.The purpose for which the petitioner was granted parole is served. The petitioner is therefore directed to surrender before the Superintendent of Prison, Puzhal by 05.00 p.m., on 13.11.2021, failing which, the Commissioner of Police, Chennai shall secure the petitioner and send him to the Central Prison, Puzhal, Chennai, to undergo his remaining period of sentence.
[S.V.N.,J.] [G.J.,J.] 12.11.2021
Index : Yes / No
Internet : Yes
PJL
Note: Issue today.
To:
The State of Tamil Nadu, Rep. by,
1.The Principal Secretary to Government,
Home(Prison) Department,
Tamil Nadu Govt. Chief Secretariat,
St. George Fort, Chennai- 600 009.
2.The Additional D.G.P/IG of Prisons,
Wanels Road, Egmore,
Chennai-600 008.
3.R.Kanagaraj,
DIG of Prisons,
Madurai Range,
Central Prison Campus,
Madurai-625 016.
4.Senthamarai Kannan,
Superintendent,
Central Prison,
Palayamkottai-627 002.
- The Commissioner of Police,
Chennai.
- The Superintendent,
Central Prison, Puzhal,
Chennai,
7.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
S.VAIDYANATHAN, J.
and
DR.G.JAYACHANDRAN, J.
PJL
W.P.(MD)No.15727 of 2021
12.11.2021
