LAWS(MAD)-2019-1-254

DHANASEKARI Vs. UNION TERRITORY OF PUDUCHERRY

Decided On January 02, 2019
Dhanasekari Appellant
V/S
UNION TERRITORY OF PUDUCHERRY Respondents

JUDGEMENT

(1.) This writ petition has been filed seeking for the relief of mandamus forbearing the respondents 1 to 4 not to proceed further with the process of Pre-mature release of the life convicts pertaining to Crime No.101 of 2004.

(2.) The respondents 5 to 9, who are the accused persons and whose representation for Pre-mature release is being considered by the official respondents have been impleaded as R5 to R9 in this writ petition.

(3.) The learned counsel for the petitioners submitted that the accused persons murdered the son and the elder brother of the petitioners in broad day light and it sent shock waves through out Puducherry, with regard to the manner in which the murder was committed. Subsequently, the accused persons underwent trial and all of them were convicted for an offence under Sec. 302 of Indian Penal Code and sentenced to undergo life imprisonment. The learned counsel would further submit that the respondents 5 to 9 have made a representation before the official respondents to consider their Pre-mature release . This representation was made in line with G.O.M.S.No.44, dtd. 2/8/2007. The learned counsel would further submit that the main apprehension of the petitioners is that the accused persons after coming out on Pre-mature release will do away with the entire family and there is a grave threat to the life of the petitioners. Therefore, the present petition has been filed seeking for an opportunity to the petitioners to be heard before considering the Pre-mature release application filed by the accused persons.