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2025 Supreme(Online)(Mad) 66103

IN THE HIGH COURT OF JUDICATURE AT MADRAS
A.D. JAGADISH CHANDIRA, R.POORNIMA, JJ
Vijaya – Appellant
Versus
The State represented by The Principal Secretary to Government Department of Home (Prison IV) Fort St. George Chennai 600 009 – Respondent


Advocates:
For the Appellants/Petitioners: Mr. S. Manoharan
For the Respondents: Mr. A. Thiruvadikumar Additional Public Prosecutor

Table of Content
1. facts relevant to the convict's case for premature release. (Para 2)
2. arguments made for and against the petition for release. (Para 3 , 4 , 5 , 6)
3. court assessed state arguments and safety issues. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15)
4. key findings that determined the court's rationale. (Para 16 , 18 , 20 , 21)
5. final ruling reaffirming the convict's right to reconsideration. (Para 22 , 23 , 26 , 27 , 28)

ORDER

A.D. JAGADISH CHANDIRA, J.

This writ petition calls in question the legality and validity of G.O. (D) No.222, Home (Prison-IV) Department dated 28.02.2024, for short “the impugned order” issued by the first respondent in and by which premature release was rejected for the petitioner's son, Kannan, (CT. No. 17351) confined at the Central Prison, Trichy, and for a direction to the first respondent to release him prematurely, as per G.O. (Ms.) No.64, Home (Prison-IV) Department dated 01.02.2018, for short “GO 64” and G.O. (Ms.) No.488, Home (Prison-IV) Department dated 15.11.2021, for short “GO 488”

2. The succinct facts leading to the filing of this writ petition, can be stated thus:

2.1 The petitioner's son Kannan (hereinafter “convict prisoner” for t

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