N. MAREESWARI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This petition has been filed seeking to set aside the order passed in H.C.P(MD) No.1365 of 2016, dtd. 17/10/2016.

(2.) Brief facts necessary for the disposal of this petition are as follows:

(3.) The learned Counsel for the petitioner submitted that the detenu was convicted under Ss. 148 and 302 I.P.C., in S.C.No.505 of 1997 on the file of the I Additional District and Sessions Court cum Additional Chief Judicial Magistrate, Madurai and sentenced to undergo life imprisonment and to pay a fine of Rs.100.00 (Rupees One Hundred only) in default to undergo simple imprisonment for one week. After the conviction passed by the trial Court, the detenu was lodged in the fifth respondent prison and while the detenu was undergoing the sentence of life imprisonment, he happened to be one among the prisoners whose cases were considered for premature release. The Government, by G.O. (Ms) .No.1155, dtd. 11/9/2008 decided to release the prisoners who have completed seven years of actual imprisonment as on 15/9/2008. Accordingly, the Governor of Tamil Nadu, in exercise of powers under Article 161 of the Constitution of India, ordered the premature release of 1,405 life convicts who have completed seven years of actual imprisonment as on 15/9/2008. Thus, the detenu was released on 15/9/2008. At the time of release, the detenu executed a bond, as per which, the detenu should not involve in any offence from 15/9/2008 and 15/9/2011. In such an event, a positive report would be given by the Probation Officer in favour of the detenu.