LAWS(MAD)-2017-4-277

J JANAKI Vs. STATE OF TAMIL NADU

Decided On April 17, 2017
J Janaki Appellant
V/S
STATE OF TAMIL NADU Respondents

JUDGEMENT

(1.) The petitioner is the daughter of one R. Jayapal, S/o Ramasamy. R. Jayapal was convicted by the learned IX Additional Sessions Court, Chennai in S.C.No.99/1986 dated 01.07.1987 and was sentenced to undergo rigorous imprisonment for life for the offence under Sec.302 IPC. He was lodged at Central Prison, Chennai on 01.07.1987. The appeal, filed against the said conviction in Crl.A.No.441/1987, was dismissed by this Court on 12.01.1995. As against the same, an appeal was preferred before the Hon'ble Supreme Court of India in Special Leave Petition No.2242/1995, which was also dismissed by the Hon'ble Supreme Court of India on 21.07.1995. Thus, R. Jayapal is a life convict and is undergoing life conviction for more than 21 years.

(2.) While so, the Government of Tamil Nadu issued G.O.Ms.No1155 Home (PRI.IV) Department dated 11.09.2008 granting premature release of life convicts, who have completed seven (7) years of actual imprisonment as on 15.09.2008 and who are aged about 60 years and above and have completed five (5) years of actual imprisonment as on 15.09.2008. This was done on the occasion of the Birth Centenary of Peraringnar Anna on 15.09.2008.

(3.) According to the detenu herein, though he had completed more than 21 years and he is eligible for grant of premature release, he was not granted the benefit. Therefore, the petitioner herein had filed a Habeas Corpus Petition in HCP No.1558 of 2015 before this Court, seeking set the detenu at liberty in terms of G.O.Ms.No.1155 Home (PRI.IV) Department dated 11.09.2008 . The Division Bench of this Court, by Order dated 27.07.2015, disposed of the Habeas Corpus Petition. In the said Order, in paragraphs 2 to 4, the Division Bench of this Court observed as follows: