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2021 Supreme(Mad) 2868

N.KIRUBAKARAN, P.VELMURUGAN
Roja Venkatesh – Appellant
Versus
State – Respondent


Advocates:
Advocate Appeared:
For the Appellant : G. Ravikumar
For the Respondents: R. Prathap Kumar

ORDER :

N. Kirubakaran, J.

1. The petitioner has challenged the rejection order passed by the 1st respondent dated 01.11.2019 by which the petitioner's claim for premature release was negatived and further sought for the direction to the respondents to extend the benefit of G.O.(Ms). No. 64, Home (Prison IV) Department, dated 01.02.2018 and release the petitioner prematurely as he had already undergone 10 years of imprisonment which is a prerequisite for availing the benefit under the said G.O.

2. The petitioner was convicted in S.C. No. 82 of 2001 for the offences under Sections 302 & 307 r/w. 34 IPC and sentenced to life imprisonment and seven years rigorous imprisonment, respectively on 22.07.2005 by the learned First Additional Sessions Judge, Erode. The Appeal against the said judgment in Crl.A. No. 987 of 2006 preferred by the petitioner was dismissed on 03.10.2007 confirming the conviction and sentence of the trial Court and thus, the conviction attained finality.

3. When the petitioner has been undergoing imprisonment, on the occasion of Centenary birth anniversary of late

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