P. KALIAMMAL Vs. STATE

JUDGEMENT

(1.) Heard Mr. M. Mohamed Saifulla, learned Counsel for the Petitioner and Mr. A. Gokulakrishnan, learned Additional Public Prosecutor, appearing for the Respondents.

(2.) The Petitioner is the mother of Sakthivel, S/o Palanisamy, who is the life convict prisoner No.7189, sentenced to undergo imprisonment for life for the offence under Sec. 302 of the Indian Penal Code (IPC); Rigorous Imprisonment for 1 year for the offence under Sec. 148, IPC; Rigorous Imprisonment for 6 months for the offence under Sec. 324, IPC; and Rigorous Imprisonment for 10 years under Sec. 3 of the Explosive Substance Act, 1908, which were ordered to run concurrently, through the Judgment passed in S.C. No.303/2004, dtd. 23/6/2005 on the file of the learned Principal Sessions Judge, Coimbatore. The Appeal preferred by the life convict before this Court in C.A. No.573 of 2006 was dismissed on 24/1/2007. So also, the further appeal before the Hon'ble Supreme Court in Special Leave to Appeal (Crl.) Crl.M.P. No.11464 of 2011, dtd. 23/9/2011.

(3.) On the ground that the life convict had already undergone sentence for the offence under Sec. 3 of the Explosive Substance Act, the Petitioner had made a representation on 13/2/2018 to the Government, seeking for premature release of her son, in terms of G.O.(Ms) No.64, Home (Prison-IV) Department, dtd. 1/2/2018. Consequently, she had also sought for the same prayer before this Court in H.C.P. No.1320 of 2018 and by an Order, dtd. 25/1/2019, a Coordinate Bench of this Court had ordered for the prisoner's premature release under G.O.(Ms) No.64, dtd. 1/2/2018, on the ground that he had already undergone the sentence for the offence under Sec. 3 of the Explosive Substance Act.