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2021 Supreme(Mad) 1339
IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. KIRUBAKARAN, V. PARTHIBAN, JJ.
Nallathambi & Others – Appellants
Versus
State Rep. by Inspector of Police, Thirumullaivoyal Police Station, Thiruvallur & Others – Respondents
Crl.O.P. No. 9185 of 2017
Decided on : 11-08-2021
For the Appellant :N. Chandrasekaran, Advocate.
For the Respondents:Ravikumar Paul, Babu Muthumeeran, P. Balathandayutham, K.V. Sridharan, K. Sathish Kumar, S. Dhayaleswaran, Mushtaq Ahmed, T.S. Baskaran, M. Murali, V. Prem Kumar, Pitty Parthasarathy, T. Thiyagarajan, S. Ganeswaran, V. Arulappan, Party-in-person, S. Subbiah, Senior Counsel for M/s. Elezhebeth Ravi, Advocates, A. Muniapparaj, State Government Counsel (Crl. Side).
Headnote:
Criminal Procedure Code,1973 - Section 439 - Enlarge the Petitioners on bail in Crime - Discharged Prisoners - Matter is called today, Mr. A.Muniapparaj, Learned State Government Counsel (Criminal Side) has filed a Status Report of the Honourary Secretary, Tamil Nadu Discharged Prisoners’ Aid Society and Deputy Inspector General of Prisons, Trichy Range, Trichy stating that Members of Central Committee have been constituted vide G.O. Ms. No. Department by their designation by virtue of the provisions contained in Clause 6 (1) Articles of Association of said Society – Held, Court as Amicus Curiae that a Member from the Tamil Nadu State Legal Services Authority could also be an Ex-officio Member of Central Committee, which has to be constituted as per G.O. Ms. No.225, Home (Pr.III) Department - Department, is required to be amended to include a nominee from Tamil Nadu State Legal Services Authority as Ex-officio Member of the Central Committee. The Central Committee shall look after not only the entire administration of State Level Committee, but also District Level Committee including interest of the discharged Prisoners - Payment to be made by the Seventh Respondent is concerned, as per undertaking given during the earlier hearing - Criminal Original Petition is disposed of
JUDGMENT :
N. Kirubakaran, J.
(Prayer: This Criminal Original Petition filed under Section 439 Cr.P.C. to enlarge the Petitioners on bail in Crime No. 1086 of 2017 on the file of the First Respondent Police, pending investigation.)
1. The matter was heard through “Video Conference”.
2. When the matter is called today, Mr. A.Muniapparaj, Learned State Government Counsel (Criminal Side) has filed a Status Report of the Honourary Secretary, Tamil Nadu Discharged Prisoners’ Aid Society, Chennai - 600 006 and Deputy Inspector General of Prisons, Trichy Range, Trichy stating that Members of the Central Committee have been constituted vide G.O. Ms. No.225, Home (Pr.III) Department, dated 08.06.2020 by their designation by virtue of the provisions contained in Clause 6 (1) of the Articles of Association of the said Society. The following officers are made as Members of the Central Committee: -
(1) Deputy Inspector General of Prisons, Chennai Range, Chennai.
(2) Deputy Inspector General of Prisons, Vellore Range, Vellore.
(3) Deputy Inspector General of Prisons, Trichy Range, Trichy.
(4) Deputy Inspector General of Prisons, Coimbatore Range, Coimbatore.
(5) Deputy Inspector General of Prisons, Madurai Range, Madurai.
As per clause 13 of the Articles of Association, the Central Committee shall carry on the work of the society and it shall be responsible not only for the entire administration of State Level Committee, but also for District Level Committee. Certain amendments have been proposed to be made in the Articles of Association of Tamilnadu Discharged Prisoners’ Aid Society, which are necessary.
3. However, it is suggested by Mr. Ravikumar Paul, Learned Senior Counsel, who is appointed by this Court as Amicus Curiae that a Member from the Tamil Nadu State Legal Services Authority could also be an Ex-officio Member of the Central Committee, which has to be constituted as per G.O. Ms. No.225, Home (Pr.III) Department, dated 08.06.2020. Therefore, the said G.O.Ms. No.225, Home (Pr.III) Department, dated 08.06.2020 is required to be amended to include a nominee from the Tamil Nadu State Legal Services Authority as Ex-officio Member of the Central Committee. The Central Committee shall look after not only the entire administration of State Level Committee, but also District Level Committee including interest of the discharged Prisoners.
4. With regard to the payment to be made by the Seventh Respondent is concerned, as per the undertaking given during the earlier hearing on 29.07.2021, arrears have to be paid by August, 2022. The said order is not modified and the Seventh Respondent shall pay the amount within that period. Hence, no further orders are required in this matter.
5. With the above directions, this Criminal Original Petition is disposed of.
