Premature release for life convicts can be granted based on age and time served but must consider Probation Officer's recommendations and eligibility criteria.

ORDER :

R. POORNIMA, J.

This petitioner aggrieved by the order dated 27.06.2024, filed this petition praying this court to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned order in G.O.(D) No.806, Home (Prison-IV) Department, dated 27.06.2024 passed by the 1st respondent and quash the same and consequently direct the 1st respondent to release the petitioner namely, Paul Nadar (Male 81/2024) S/o.Ayyankannu Nadar, Convict Prisoner No.418, confined at Central Prison, Palayamkottai/3rd respondent, in the light of the Government Order in G.O.(Ms) No.488, Home (Prison IV) Department, dated 15.11.2021 and G.O.(Ms) No.430, Home (Prison-IV) Department dated 11.08.2023.

2. The petitioner was convicted for the offence under Sections 449 and 302 IPC in S.C No.93 of 1992 and sentenced to undergo seven years rigorous imprisonment for the offence under Section 449 IPC and sentenced to undergo imprisonment for life for the offence under Section 302 IPC in the judgment dated 22.02.1994, passed by the District and Sessions Court, Kanyakumari at Nagercoil. Aggrieved by the judgment, he had filed a Criminal Appeal in Crl.A.No.207 of 1994, before the High Court of Judicature, Madras and the same was dismissed on 26.09.2001.

3. He was subsequently charged and tried in another Sessions Case in S.C.No.221 of 2004, under sections 341 and 302 IPC and he was sentenced to undergo one-month simple imprisonment for the offence under Section 341 IPC and also sentenced to undergo life imprisonment for the offence under Section 302 IPC. Against the said judgment, he had filed a Criminal Appeal before the Madurai Bench of Madurai High Court in Crl.A.(MD)No.390 of 2005 and the same was dismissed on 13.03.2007.

4. The petitioner further states that since in the subsequent judgment in Crl.A.(MD)No.390 of 2005, dated 13.03.2007, the sentence of life imprisonment was not ordered to run concurrently with earlier conviction in Crl.A.No.207 of 1994 dated 26.09.2001 his son filed H.C.P.No.556 of 2012 sought for the relief of subsequent sentence passed in Crl.A.(MD)No.390 of 2005 to run concurrently with previous sentence. This Court by order dated 22.06.2012 directed the life imprisonment awarded in both the cases are ordered to run concurrently.

5. The petitioner has not filed any further appeal before the Apex Court against the judgement in both cases.

6. The petitioner further states that the first respondent had issued G.O.(Ms)No.488 Home (Prison IV) Department, dated 15.11.2021. Based on that the 1st respondent has to consider that the petitioner has come under the category of the above Government Order. The petitioner's son sent a representation on 27.02.2024 for the early release of the petitioner, who is a life Convict Prisoner No.418 confined at Central Prison, Palayamkottai, in the light of the Government Order in G.O(MS)No.488 Home (Prison) Department, dated 15.11.2021. The petitioner is aged about 81 years confined for the last 27 years and suffering from old age ailments.

7. He further stated that the petitioner’s son filed a writ petition in W.P.(MD)No.9594 of 2024 before this Court seeking the relief of Writ of Mandamus, directing the first respondent for premature release based on the representation dated 27.02.2024, the Court directed the first respondent to consider the same on merits and by law within eight weeks from the date