IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-12-2025

CORAM

THE HON'BLE MR JUSTICE P. VELMURUGAN

AND

THE HON'BLE MR.JUSTICE M.JOTHIRAMAN

WP No.11727 of 2025 & W.M.P.No.13269 of 2025

D.Bagyam

..Petitioner(s)

Vs

1. The Additional Chief Secretary to Government,

Home (prison-iv) Department, Secretariat,

Fort St. George, Chennai-600 009. 2. The Director General of Prisons,

Gandhi Irwin Road, CMDA Building 2nd Tower,

Egmore, Chennai-600 008.

3. The Superintendent of Prison,

Central Prison At Trichy, Trichy-20.

.. Respondents

Prayer: This Writ Petition is filed under Article 226 of Constitution of India to call for the records pertains to the impugned order in No.G.O. (D) No.205 dated 24.02.2025 passed by the 1st respondent and quash the same and direct the respondents to release forthwith the Convict viz., Mr.Karthikeyan S/o.Doss Thulasidoss,

(CT No.21122, PID No.13185)

For Petitioner(s): M.Mohamed Saifulla For Respondent(s): Mr.R.Muniyapparaj Additional Public Prosecutor Assisted by Mr.M.Sylvester John

ORDER

(Order of the Court was made by P.Velmurugan J.)

This Writ Petition has been filed by the petitioner, who is the mother of the life convict prisoner, namely Mr.Karthikeyan, S/o.Doss @ Thulasidoss, challenging the impugned order passed by the first respondent in G.O.(D) No.205, Home (Prison-IV) Department, dated 24.02.2025, whereby the request for premature release of the said life convict prisoner was rejected.

2. The facts, in brief, are that the life convict prisoner was convicted in S.C.No.33 of 2010 on the file of the Principal Sessions Judge, Dindigul, for offences under Sections 468, 364-A, 387, 302 and 201 of the Indian Penal Code and sentenced to imprisonment for life by judgment dated 10.04.2015. The conviction and sentence were confirmed by this Court in Criminal Appeal(MD)No.419 of 2016, dated 23.01.2017. The life convict prisoner is presently confined in Central Prison, Trichy.

3. According to the petitioner, the life-convict prisoner has completed more than 14 years of incarceration, including the period of remand. It is further stated that his conduct in prison has been satisfactory and that he has undergone various educational and vocational courses and has participated in rehabilitation and legal awareness programmes during the period of his incarceration.

4. Seeking premature release under the policy issued in G.O.(Ms)No.488, Home (Prison-IV) Department, dated 15.11.2021, the life convict prisoner submitted representations to the respondents. Pursuant to the directions issued by this Court in W.P.No.35640 of 2024, the first respondent considered the said request and passed the impugned order dated 24.02.2025, rejecting the request for premature release on the ground that the offence committed by the convict prisoner was of a cruel and brutal nature, that it had an adverse impact on society, and that granting remission would be prejudicial to the interests of justice.

5. Challenging the said impugned order, the present Writ Petition has been filed.

6. The learned counsel for the petitioner would submit that the life convict prisoner has completed the requisite period of incarceration and is therefore entitled to be considered for premature release in terms of G.O.(Ms)No.488, Home (Prison- IV) Department, dated 15.11.2021. It is further submitted that the conduct, reformation, and educational achievements of the life convict prisoner have not been given due consideration by the first respondent. The learned counsel would also submit that similarly placed convict has been granted premature release, and that the rejection of the petitioner’s request solely on the ground that the offence committed by the life convict prisoner was of a cruel and brutal nature and had an impact on society, and that his remission would therefore be prejudicial to the interests of justice, is arbitrary and unsustainable, particularly when the recommendations of the State Level Committee were not duly considered.

7. Per contra, the learned Additional Public