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R.Parvatham vs State Rep.By on 2 April, 2018

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 02.04.2018
CORAM
THE HONOURABLE Mr. JUSTICE C.T.SELVAM
and
THE HONOURABLE Mr. JUSTICE A.M.BASHEER AHAMED

H.C.P.(MD)No.201 of 2018

R.Parvatham
… Petitioner

Vs.

1.State Rep.by
The Principal Secretary to Government,
Home (Prison) Department,
Secretariat,
Fort St.George,
Chennai 600 009.

2.The Additional Director General of Prison,
The Inspector General of Prisons,
C.M.D.A.Towers II,
No.1 Ganthi Irvin Road,
Egmore, Chennai.

3.The Superintendent of Prison,
Central Prison,
Trichy.
… Respondents
PRAYER: The petition filed under Article 226 of the Constitution of India, to
issue a Writ of Habeas Corpus, directing the respondents to produce person or
body of the detenue before this Court and release the petitioner’s son
namely, Baskar son of Raman aged about 45 years C.T.No.14693, now confined at
Central Prison, Trichy based on petitioner’s representation dated 14.02.2018
and set him at liberty forthwith.

!For Petitioner : Mr.N.Mohideen Basha
For Respondents : Mr.Dinesh Babu, APP

:ORDER

(Order of the Court was made by C.T.SELVAM,J.)
This petition has been filed by the mother of detenu, contending that
the detenu has been incarcerated in Central Prison, Trichy and he is eligible
for remission in accordance with the Government Order in G.O.(Ms)No.64, Home
((Prison-IV) Department, dated 01.02.2018, by which, the eligible criteria
for those persons to be considered for remission has been prescribed.

2.The prisoners, who are eligible for consideration for pre-mature
release has been enlisted in G.O.(Ms)No.64, Home ((Prison-IV) Department,
dated 01.02.2018, and the same reads as under:-

?(II) The life convicts who have completed 10 years of actual
imprisonment as on 25.02.2018 and the life convicts who are aged 60 years and
above and who have completed 5 years of actual imprisonment on 25.02.2018
including those who were originally sentenced to death by the Trial Court and
modified to life sentence by the Appellate Court (other than those whose
convictions have been commuted), may be considered for premature release
subject to satisfaction of the following conditions:-

1)The prisoner’s behaviour should be satisfactory.

2)Prisoners convicted for the following offences are ineligible for
consideration for premture release irrespective of the nature and tenure of
the sentence and irrespective of the fact as to whether or not they have
undergone the sentence in respect of the said offence namely:-

(A)Prisoners convicted for the following offences, namely:-

(i)Rape (Section 376 of IPC)

(ii) Forgery (Section 467, 471 of IPC)

(iii)Robbery (Section 397, 398 of IPC)

(iv)Dacoity (Section 396, 397, 398, 399, 400, 402 of IPC)

(v)Terrorist crimes

(vi)Offences against the State

(vii)Offences under Sectons 153-A, 153-AA and 153B of IPC.

(viii)Escape or attempting to escape from lawful custody
(except overstyayal of parole leave only)

(ix)Forgery/counterfeit of currency notes or bank notes/making or
possessing instruments or materials for forging or counterfeiting currency
notes or bank notes (section 472, 474, 489A, 489B and 489D of IPC)

(x)Cruelty against women or dowry death (section 498A and 304B IPC)

(xi)Economic offences, black-marketting, smuggling or misuse of power
and authority.

(xii)Selling illicit arrack mixed with poisonous substance.

(xiii)Habitual Forest offenders who are responsible for disturbing the
ecologial balance.?

3.The learned Additional Public Prosecutor appearing for the State,
would state that the detenu has attracted conviction under Section 498A of
IPC and therefore, he is not eligible to be considered, as per clause 2A(x)
of the above Guidelines. Learned counsel for the petitioner would submit that
the period of conviction for offence u/s 498-A in a separate cases has been
already suffered by the detenu and it has come to an end and therefore, it is
a fit case for consideration. It is contended that in similar cases,
remission has been granted.

4.As it is always open to Government to consider the representation in
exercise of power under Article 161 of the Constitution of India in keeping
with Chapter XXXII – E of Cr.P.C., it is for Government to consider the
representation of the petitioner dated 14.02.2018 and act as properly.
Respondents are required to do it, within a period of four weeks from the
date of receipt of a copy of this order.

5.The Habeas Corpus Petition is disposed of accordingly.

To

1.The Principal Secretary to Government,
Home (Prison) Department,
Secretariat,
Fort St.George,
Chennai 600 009.

2.The Additional Director General of Prison,
The Inspector General of Prisons,
C.M.D.A.Towers II,
No.1 Ganthi Irvin Road,
Egmore, Chennai.

3.The Superintendent of Prison,
Central Prison,
Trichy.

.

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