SRIRANGA THEVAR Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) The petitioner is a life convict. An order of conviction was recorded against the petitioner for the offences under Section 302 r/w 34 and 341 IPC in S.C. No. 42 of 1996 by the learned Additional Sessions Judge cum Chief Judicial Magistrate, Thoothukudi on 30.11.2001. Pursuant to the life imprisonment imposed on him, the petitioner was confined to the Central Prison, Palayamkottai on 30.11.2001. The appeal filed by the petitioner along with his son was also dismissed on Crl. A. No. 66 of 2002. Thereafter, the petitioner filed an application in Crl. O.P. (MD) No. 8015 of 2008 before the Madurai Bench of Madras High Court and this Court by order dated 02.09.2008 was pleased to allow the application with a direction to the jurisdictional Court to set off the period of detention undergone by the petitioner with the life imprisonment imposed under Section 433A of Cr. P.C. In pursuant to the said direction, the Chief Judicial Magistrate, Thoothukudi, in an by the order dated 06.09.2008 allowed the period of remand during trial to be set off against the sentence imposed.

(2.) The first respondent by the Government Order passed in G.O. Ms. No. 1155 Home (PRI. IV) Department dated 11.09.2008, released life convicts who have completed seven years of life imprisonment as on 15.09.2008. Accordingly, about 1405 life imprisonment were found eligible for release. The eligible persons were released subject to the undertaking given by the first respondent in a writ petition filed challenging the Government Order which paved way for the release. The undertaking given by the first respondent is to the effect that in the event of writ petition having been allowed, the life convicts who are released pursuant to the Government Order passed in G.O. Ms. No. 1155 dated 11.09.2008 would be taken into custody and thereafter placed under detention as per the sentence imposed on them. The petitioner was not included in the said Government Order as he was not found to be eligible at the time of sending the list by the Respondent No. 2 to the Respondent No. 1.

(3.) Even though the date of preparation of list is not available before this Court, it can be inferred that on the date of preparation of the list by the second respondent, the petitioner did not get the benefit of the order passed under Section 433A of Cr. P.C. That is the reason why the petitioner's name was not found in the list of eligible life convicts who were made entitled for the release. However, a perusal of the order impugned and the counter affidavit would show that the petitioner became eligible on 06.09.2008 and his case was also recommended thereafter, as he had completed seven years of imprisonment as on 15.09.2008 which is the cut off date in the Government Order in G.O. Ms. 1155 dated 11.09.2008. The first respondent has rejected the case of the petitioner on two grounds. The first ground is that the petitioner did not obtain orders and made himself available for remission at the time of preparation of list by the second respondent. The second ground is that a writ petition has been filed challenging the order of release. It has been further stated that in the subsequent years, no such decision has been made. Accordingly, the petitioner's request was rejected.