JUDGMENT :

S. Vaidyanathan, G. Jayachandran, JJ.

(Prayer: Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to G.O.(D)No.227, Home (Prison - IV) Department/2017, dated 23.02.2017, passed by the first respondent, which arbitrarily rejected the detenu's premature release from life imprisonment, quash the same as illegal and consequently, direct the respondents to produce the detenu viz., Veera Bhaarathi, S/o. Ponniah, aged about 46 / 2017 years, presently confined at Palayamkottai Central Prison, bearing L.Ct.No.3334, in person before this Court from their illegal custody, and to set him at liberty forthwith under the provisions of Articles 14, 20 and 21 of the Constitution of India.)

1. The petitioner herein P.Veera Bhaarathi, a life convict, has approached the Government for premature release from life imprisonment. His request was declined by the Government vide impugned Government Order in G.O.(D)No.227, Home (Prison - IV) Department, dated 23.02.2017. The petitioner challenging the said order, has initially filed H.C.P.(MD)No.1038 of 2017. This Court pointed to the petitioner that his detention is not an illegal detention, but lawful custody of the State in view of the conviction, therefore, the Habeas Corpus Petition is not maintainable. Hence, the petitioner sought leave to convert the same as Writ Petition. Accordingly, the Habeas Corpus Petition was converted into a Petition seeking a Writ of Certiorarified Mandamus, for the relief stated above.

2. Before adverting to the merits of the case, certain facts, which are relevant, are narrated below.

3. The petitioner herein is the first accused in S.C.No.30 of 1999, on the file of the Principal Sessions Court, Virudhunagar. He along with two others were charged for the offences under Sections 302 I.P.C. and 376 I.P.C., besides other offences. The trial Court found all the three accused including the petitioner herein guilty of offence under Section 302 read with Section 34 of I.P.C. and all other offences. He was sentenced to death for the offence under Section 302 read with Section 34 of I.P.C and for other offences, he was sentenced to undergo rigorous imprisonment ranging from 3 years to 10 years. The sentence imposed on the petitioner by the trial Court is as below:-

4. Since death sentence was imposed on the petitioner, the case was referred to this Court for confirmation. In Referred Trial No.2 of 1999, a Division Bench of this Court, by judgment dated 10.08.2000, confirmed the conviction, however, modified the death penalty as imprisonment for life. The operative portion of the judgment of the Division Bench of this Court in the Referred Trial heard along with the appeals filed by the respective accused is as below:-

''30. ....

The judgment and order of conviction of all the accused under Sec.302 I.P.C. read with Sec.34 passed by the trial Court is upheld. However, the death sentence awarded by the trial Court is modified to life imprisonment in case of all the three appellants. Criminal Appeal No.872