G.Priya vs Additional Chief Secretary to the Government

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W.P.(Crl)1310 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
RESERVED ON : 02.09.2026
PRONOUNCED ON : 10.09.2026
CORAM :
The Hon'ble Mr.Justice N.SATHISH KUMAR
and
The Hon'ble Mr.Justice K.RAJASEKAR
W.P.(Crl) No.1310 of 2026
and
WPMP (Crl.) Nos.438 and 439 of 2026
G.Priya .. Petitioner
Vs.
1.The State of Tamil Nadu.
Rep by the Additional Chief Secretary
to Government,
Home, Prohibition and Excise Department,
Secretariat, Chennai-600 009.
2.The Director General of Police &
Director General of Prisons
and Correctional Service,
Whannels Road,
Egmore, Chennai-600 008.
3.The Superintendent of Prison,
Special Prison for Women,
Puzhal, Chennai-600 066. .. Respondents
This writ petition is preferred under Article 226 of the Constitution of
India seeking for the issue of a writ of certiorarified mandamus to call for
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the records in the order bearing No.1102/R1/2025, dated 13.06.2025,
passed by respondent no.3 and quash the same and direct the respondents
to release the petitioner namely Priya, W/o Gopi, aged 34 years, convict
no.844, PID No.8974, now confine in the Special Prison Women, Puzhal,
Chennai and thus render justice.
For Petitioner : Mr.P.Pugalenthi
For Respondents : Mr.C.R.Malarvannan,
Counsel for Government
of Tamilnadu (Criminal side)
- - - -

ORDER
N.SATHISH KUMAR, J .
Challenging the order of the third respondent Superintendent of
Prison, Puzhal communicating the petitioner that her case for premature
release would be considered after the completion of 14 years of
imprisonment and seeking for a direction to the respondents to release the
petitioner, the present writ petition has been filed.
2.The writ petitioner is a convict prisoner and she was convicted
and sentenced by the learned I Additional District and Sessions Judge,
Cuddalore vide judgment dated 14.02.2013 made in S.C.No.312 of 2012.
The conviction and sentence imposed on the petitioner are as follows:
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Conviction Sentence
S.302 IPC
to undergo life imprisonment and to
pay a fine of Rs.10,000/-, in default to
undergo six months rigorous
imprisonment.
S.392 r/w 397 IPC
To undergo seven years rigorous
imprisonment and to pay a fine of
Rs.10,000/- in default to undergo six
months rigorous imprisonment
On appeal before this Court in Criminal Appeal No.157 of 2013, the
conviction recorded under section 302 IPC was confirmed. However, the
conviction under section 392 read with section 397 IPC was set aside.
According to the petitioner, the Government of Tamil Nadu, in exercise
of its power under Article 161 of the Constitution of India has issued
G.O.(Ms).No.488, Home (Prison-IV) Department, dated 15.11.2021 and
ordered release of more than 700 life convicts who have completed 10
years of actual imprisonment as on 15.09.2021. Though the writ
petitioner has not completed 10 years as on 15.09.2021, she has now
completed more than 13 years of actual imprisonment. Further, she has
completed 16 years of imprisonment including remission. Therefore, she
made a representation to respondents 1 and 2 to consider her for the
premature release. However, the impugned order No.1102/R1/2025, dated
13.06.2025 was passed without considering the scheme of premature
release and that it is in violation of her fundamental rights.
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3.As per Rule 348 of the Tamil Nadu Prison Rules, 2024, women
prisoners who were sentenced to life imprisonment, on completion of
eight years of imprisonment including remission, except those covered
under section 475 of the Bharatiya Nagarik Suraksha Sanhita, 2023
(Central Act 46 of 2023), shall be considered only after completing 14
years of actual imprisonment. Therefore, the women prisoners who are
sentenced to life imprisonment on completion of eight years of
imprisonment including remission are eligible to be considered for
premature release. Further, according to the petitioner, section 475 of
BNSS, 2023 is not clear as to whether the 14 years of imprisonment is
actual imprisonment or including remission and therefore, according to
the petitioner, the remission also to be included for considering her case
for premature release. Hence, the present writ petition has been preferred.
4.A counter affidavit has been filed by the respondents stating that
the petitioner was convicted and sentenced for life under section 302
IPC. It is their case that the Government has passed G.O.Ms.No.488,
Home (Prison-IV) Department dated 15.11.2021 as amended in G.O.
(Ms)No.508, Home (Prison-IV) Department dated 18.11.2021 for
considering the cases of life convict prisoners for releasing them
prematurely under Article 161 of the Constitution of India. The relevant
portion of the said Government order reads as follows:
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' (A)The life convicts who have completed 10 years of actual
imprisonment as on 15.09.2021 including those who were originally
sentenced to death by the Trial Court and modified to life
imprisonment by the Appellate Court (other than those whose
convictions have been commuted), may be considered for premature
release subject to the satisfaction of the following conditions:-
(i)The prisoner's behaviour should be satisfactory.
(ii)Prisoners convicted for the following offences are ineligible
for consideration for premature release irrespective of the nature
and tenure of the sentence and irrespective of the fact as to
whether or not they have undergone the sentence in respect of the
said offences, namely:-
1.Rape (Section 376 of IPC)
2.Forgery (Sections 467, 471 of IPC)
3.Robbery (Sections 397, 398 of IPC)
4.Dacoity (Sections 396, 397, 398, 399, 400, 402 of IPC)
5.Terrorist crimes
6.Offences against the State
7.Offences under sections 153-A, 153-AA and 153-B of
IPC.
8.Escape or attempting to escape from lawful custody
under section 224 of IPC (except over stayal of emergency /
ordinary leave only)
9.Forgery/Counterfeit of currency notes or bank notes /
Making or possessing instruments or materials for forging or
counterfeiting currency notes (or) bank notes (sections 472, 474,
489A, 489B and 489D of IPC).
10.Cruelty against Women (Section 498A of IPC)/Dowry
death (Section 304B of IPC).
11.Economic offences, black-marketing, smuggling or
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misuse of power and authority.
12.Selling illicit arrack mixed with poisonous substances.
13.Habitual Forest offenders who are responsible for
disturbing the ecological balance.
14.Prisoners convicted for more than one murder and their
Life sentences ordered to run concurrently.
15.Violence on Communal/Religious basis.
16.Prisoners convicted and sentenced under the following
Central Act of offences, which relates to matters to which the
executive power of the Union of India extends, namely:-
(a)The Prevention of Corruption Act, 1988 (Central Act 49
of 1988);
(b)The Immoral Traffic (Prevention) Act, 1956 (Central Act
104 of 1956);
(c)The Drugs and Cosmetics Act, 1940 (Central Act XXIII
of 1940); The Drugs (Control) Act, 1949 (Tamil Nadu Act
XXX of 1949); the Dangerous Drugs Act, 1930 (Central
Act II of 1930); The Drugs and Magic Remedies
(Objectionable Advertisements) Act, 1954 (Central Act 21
of 1954); the Prevention of Food Adulteration Act, 1954
(Central Act 37 of 1954).
(17)Prisoners who have pending cases (other than their
criminal appeals pending against their conviction).
(iii)That their cases should not come under section 435 of the
Code of Criminal Procedure;
(iv)That there is safety for the prisoner’s life, if released;
(v)That the prisoner will be accepted by the members of their
family;
(vi)That there is safety of life of the family which was affected by
the prisoner, if released.
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(B)The life convict prisoners who have completed 20 years of their
actual imprisonment as on 15.09.2021 may be considered for
premature release, subject to the satisfaction of the following
conditions:-
(i)The prisoner’s behaviour should be satisfactory;
(ii)Prisoners convicted for the following offences are ineligible
for consideration for premature release irrespective of the nature
and tenure of the sentence and irrespective of the fact as to
whether or not they have undergone the sentence in respect of
the said offences, namely:-
(1)Rape (Section 376 of IPC)
(2)Terrorist crimes
(3)Offences against the State
(4)Offences under sections 153-A, 153-AA and 153-B of
IPC.
(5)Forgery/Counterfeit of currency notes or bank notes/
Making or possessing instruments or materials for forging or
counterfeiting currency notes or bank notes (sections 472, 474,
489A, 489B and 489D of IPC).
(6)Economic offences, black-marketing, smuggling or
misuse of power and authority.
(7)Selling illicit arrack mixed with poisonous substances.
(8)Habitual Forest offenders who are responsible for
disturbing the ecological balance.
(9)Prisoners convicted for more than two murders and
their Life sentences ordered to run concurrently.
(10)Violence on Communal /Religious basis.
(11)The offences prescribed in para (A)(ii)(16) above.
(iii)Prisoners who have pending cases (other than their criminal
appeals pending against their conviction)
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(iv)That the cases of life convict prisoners, who were released
during the earlier premature release and subsequently cancelled
their premature release on their involvement in other cases, may
also be considered on completion of 20 years of imprisonment
subject to the condition that if they were not involved in any
murder or other cases specified in para (A)(ii) and (B)(ii) above;
(v)That their cases should not come under section 435 of the
Code of Criminal Procedure;
(vi)That there is safety for the prisoner’s life, if released;
(vii)That the prisoner will be accepted by the members of their
family;
(viii)That there is safety of life of the family which was affected
by the prisoner, if released.
(C)The life convict prisoners released prematurely under this scheme
will execute the Bonds as per usual terms and conditions.
(D)The above cases shall be examined with reference to the above
guidelines on a case to case basis.
(E)The life imprisonment prisoners cannot claim premature release
as a matter of right.
(F)This premature release is also applicable to the life convict
prisoners, who have been convicted by the Court of criminal
jurisdiction of the State of Tamil Nadu and are now undergoing their
sentence in the prisons of other States/Union Territories on reciprocal
basis. However, this order shall not be applicable to those prisoners
who have been convicted by Court of criminal jurisdiction of other
States/ Union Territories/ Other Countries but undergoing
imprisonment in this State.
(G)The above guidelines framed deals with the eligibility of the life
convict prisoners for consideration of the Government and mere
fulfilment of the above condition prescribed in the guidelines does
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not confer any right for premature release for the life convict
prisoners and it is the sole discretion and prerogative of the
Government taking into account the other factors like the nature of
offence and its effect on society, fitness for rehabilitation into society
and public interest, etc.
(H)The granting of premature release of the prisoner is a onetime
th
affair in commemoration of the 113 birth day of former Chief
Minister of Tamil Nadu Dr.Peraringnar Anna and it is applicable to
those who are eligible as on 15.09.2021 and it shall not be extended
later on to the persons who fulfill all the conditions stipulated in the
Government Orders on a later date. ’
5.Hence, according to the Government, the said government order
for the premature release was issued as a one time measure in
th
commemoration of the 113 birth anniversary of the former Chief
Minister of Tamil Nadu Dr.Perarignar Anna and the benefit is applicable
only to the prisoners who have satisfied the prescribed eligibility criteria
as on 15.09.2021 and it shall not be extended to the prisoners who fulfill
the conditions stipulated in the government orders on any subsequent
date. Therefore, a prisoner to become eligible as per the above
government order, ought to have completed 10 years of actual
imprisonment, whereas the petitioner has completed only 8 years 8
months and 7 days of actual imprisonment as on 15.09.2021. Now, the
petitioner has undergone 13 years 3 months and 18 days of actual
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imprisonment as on 24.05.2026. Therefore, it is stated that as per section
475 of BNSS 2023 and Rule 348 of the Tamil Nadu Prison Rules, 2024, a
life convict convicted of an offence for which death is one of the
prescribed punishments becomes eligible for consideration for premature
release only after completing 14 years of actual imprisonment. Hence, the
petitioner's case shall be considered only when the petitioner completes
14 years of actual imprisonment and based on the reports of the Probation
Officer, District Collector, Superintendent of Prison and other competent
authorities and thereafter, it will be placed before the State level
committee for its recommendation. Therefore, the present writ petition is
opposed by the respondents.
6.The learned counsel for the petitioner would submit that Rule
348 of the Tamil Nadu Prison Rules, deals with eligibility of premature
release. Sub clause (1) says that the women prisoners sentenced for life
imprisonment on completion of 8 years of imprisonment including
remission are entitled for premature release. The learned counsel would
submit that Section 475 of BNSS 2023 is not clear as to whether the
imprisonment includes remission. Hence, according to him, the petitioner
has already completed 13 years which is more than the eligible criteria
under Rule 348, but the impugned order has been passed without
considering the rule properly and therefore, it affects the petitioner's
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fundamental rights.
7.The learned Government Advocate appearing for the respondents
would submit that rule 348 of the Tamil Nadu Prison Rules, 2024 and
section 475 of BNSS, 2023 clearly say that for the prisoners who are
sentenced for life imprisonment in penal cases and where the death has
not been one of the punishments, the remission will be included, whereas
in cases where the death punishment is also one of the punishments where
the prisoner is convicted for life, the remission can be considered only
after completing 14 years of actual imprisonment and hence, the learned
Government advocate would submit that there is no vested right for the
petitioner seeking for premature release and that the premature release is
controlled and circumscribed by the powers conferred under Article 72 of
the Constitution of India and therefore, the court cannot go beyond the
government order or rule or a scheme introduced in exercise of the power
under Article 161 of the Constitution of India. The learned government
advocate therefore would submit that the petitioner has not completed the
actual imprisonment of 14 years as per section 475 of BNSS 2023 and
thus, she cannot as a matter of right seek for premature release.
8.This Court has considered the submissions made by learned
counsel on either side and has also gone through the government orders
and the rules in this regard.
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9.As far as the grant of remission, it is well settled that the grant of
remission is not a right vested with the prisoner, it is a privilege available
to the prisoner on fulfilling certain conditions and this is discretionary
power and it has to be exercised by the authorities conferred with such
powers under the relevant rules and regulations and the court cannot
exercise these powers though once the powers are exercised. This has
been held by Hon'ble Supreme court in State Vs. H. Nilofer Nisha
reported in (2020) 14 SCC 161 .
10.Further, it is useful to refer to a judgment of Hon’ble Supreme
Court in Rajan Vs. State of Tamil Nadu reported in (2019) 14 SCC 114 .
The relevant portions of paragraphs 18 and 20 of the decision of the
Hon’ble Supreme Court read as follows:
‘ 18. The petitioner would, however, rely on the unreported
decision of this Court in  Ram Sewak  [ Ram Sewak  v.  State of
U.P. , 2018 SCC OnLine SC 2012] , to contend that this Court
may direct the authorities to release the petitioner forthwith and
that there is no point in directing further consideration by the
State as the petitioner had already undergone over 30 years of
sentence and with remission, over 36 years. The order passed
by this Court in  Ram Sewak  [ Ram Sewak  v.  State of U.P. , 2018
SCC OnLine SC 2012] , is obviously in the facts of that case.
As a matter of fact, it is well settled by now that grant or non-
grant of remission is the prerogative to be exercised by the
competent authority and it is not for the court to supplant that
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procedure. Indeed, grant of premature release is not a matter of
privilege but is the power coupled with duty conferred on the
appropriate Government in terms of Sections 432 and 433
CrPC, to be exercised by the competent authority after taking
into account all the relevant factors, such as it would not
undermine the nature of crime committed and the impact of the
remission that may be the concern of the society as well as the
concern of the State Government.
20. Thus understood, we cannot countenance the relief claimed
by the petitioner to direct the respondents to release the
petitioner forthwith or to direct the respondents to remit the
remaining sentence and release the petitioner. The petitioner, at
best, is entitled to the relief of having directions issued to the
respondents to consider his representation dated 5-2-2018,
expeditiously, on its own merits and in accordance with law. We
may not be understood to have expressed any opinion either
way on the merits of the claim of the petitioner…. ‘
11.In the light of the above settled position, when the contention of
the learned counsel for the petitioner for the premature release as per the
G.O.Ms.No.488, dated 15.11.2021 is looked into, it is to be noted that the
Government of Tamil Nadu has issued the said government order on a
th
one time measure to commemorate the 113 Birth anniversary of the
former Chief Minister of Tamil Nadu Dr.Perarignar Anna. The said
government order clearly stipulates that the life convicts who have
completed 10 years of actual imprisonment as on 15.09.2021 alone are
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entitled to be considered. The benefit of the said Government order was
applicable to the prisoners who satisfy the prescribed eligibility criteria as
on 15.09.2021. It is the admitted case of the petitioner in the affidavit that
she has not completed 10 years as on 15.09.2021, whereas it is the
contention of the learned Government Advocate for the respondents that
the petitioner has completed 8 years 8 months and 7 days of actual
imprisonment as on 15.09.2021. Therefore, once the petitioner herself has
admitted that she was not eligible for the premature release as per the said
government order as on 15.09.2021, now she cannot seek for premature
release based on the said government order.
12.Now, it is the contention of the learned counsel that since Rule
348 of the Tamil Nadu Prison Rules, 2024 permits for premature release
of the prisoner on completion of eight years of imprisonment including
remission, she is entitled for premature release. For easy reference, Rule
348 of the Tamil Nadu Prison Rules, 2024 is reproduced and the same
reads as follows:
‘ 348.Eligibility for premature release .--(1)The following
categories of life convict prisoners shall be eligible to be
considered for premature release by the State Level Committee:-
(i)Women prisoners sentenced to life imprisonment: on
completion of eight years of imprisonment, including remission,
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except those covered under section 475 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 (Central Act 46 of 2023), whose cases
will be considered only after completing 14 years of actual
imprisonment.
(ii)Life convicts (men and young offenders) on completion
of 10 years of imprisonment, including remission, except those
covered under section 475 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 (Central Act 46 of 2023), whose cases will be
considered after completing 14 years of actual imprisonment.
(iii)Prisoners convicted of offences such as rape, dacoity,
terrorist crimes, kidnapping, kidnapping for ransom, crime
against women, crime against children, smuggling (including
those convicted under NDPS Act), Prevention of Corruption Act,
Immoral Traffic Prevention Act, offences against State, and
undergoing life imprisonment, after completion of 14 years of
sentence inclusive of remission.
(2)Prisoners convicted of offences such as rape, dacoity,
terrorist crimes, kidnapping, kidnapping for ransom, crime
against women, crime against children, smuggling (including
those convicted under NDPS Act), Prevention of Corruption Act,
Immoral Traffic (Prevention) Act, offences against State, and
undergoing imprisonment of more than 14 years shall be eligible
to be considered for premature release by the State Level
Committee, after completion of 14 years of sentence excluding of
remission.
(3)The cases of prisoners coming under section 477 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (Central Act 46 of
2023) may be considered only after consultation with the Union
Government. ’
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13.On a careful perusal of sub-clause (1) of Rule 348 makes it clear
that the women prisoners sentenced to life imprisonment, on completion
of eight years of imprisonment, including remission, except those covered
under section 475 of the Bharatiya Nagarik Suraksha Sanhita, 2023
(Central Act 46 of 2023), whose cases will be considered only after
completing 14 years of actual imprisonment. In our view, this eight years
of imprisonment including remission will be applicable only to the
prisoners who are sentenced to life imprisonment where death penalty is
also one of the punishments and that such persons shall not be released
from prison unless they have served at least fourteen years of
imprisonment. Admittedly, the petitioner faced the charge under section
302 of IPC, for which death is also one of the punishments provided by
law. However, she has been sentenced for life imprisonment. In such a
case, as per Rule 348 of the Tamil Nadu Prison Rules, the petitioner’s
case will be considered for premature release only after completing 14
years of actual imprisonment.
14.It is relevant to extract 475 of the Bharatiya Nagarik Suraksha
Sanhita, 2023, which reads as follows:
‘ 475.Restriction on powers of remission or commutation in
certain cases .--Notwithstanding anything contained in section 473,
where a sentence of imprisonment for life is imposed on conviction
of a person for an offence for which death is one of the
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punishments provided by law, or where a sentence of death
imposed on a person has been commuted under section 474 into
one of imprisonment for life, such person shall not be released
from prison unless he had served at least fourteen years of
imprisonment. ’
15.This provision is pari materia to the old provision in Section
433-A of the Cr.P.C. Though in the above provision, the word ‘actual’ is
found missing, the similar provision in the Code of Criminal Procedure,
1973, namely section 433-A was the subject matter came up before the
Hon’ble Supreme Court on many occasions and the Hon’ble Supreme
court has also held that the life convict covered by section 433-A of
Cr.P.C., which is pari materia to the present section 475 of BNSS, 2023,
cannot invoke for premature release if he has not completed 14 years of
actual imprisonment without any remission. When the issue as to the
constitutional validity of Section 433-A of Cr.P.C., has come up before
the Hon’ble Supreme Court, a three Judges Bench of Hon’ble Supreme
Court in Ashok Kumar alias Golu Vs. Union of India reported in AIR
1991 SC 1792 : (1991) 3 SCC 498 in paragraph 11 has held as follows:
11.  The law governing suspension, remission and commutation of
‘
sentence is both statutory and constitutional. The stage for the
exercise of this power generally speaking is post-judicial, i.e., after
the judicial process has come to an end. The duty to judge and to
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award the appropriate punishment to the guilty is a judicial function
which culminates in a judgment pronounced in accordance with law.
After the judicial function thus ends the executive function of giving
effect to the judicial verdict commences. We first refer to the
statutory provisions. Chapter III of IPC deals with punishments. The
punishments to which the offenders can be liable are enumerated in
Section 53, namely, ( i ) death ( ii ) imprisonment for life ( iii )
imprisonment of either description, namely, rigorous or simple ( iv )
forfeiture of property and ( v ) fine. Section 54 empowers the
appropriate government to commute the punishment of death for
any other punishment. Similarly Section 55 empowers the
appropriate government to commute the sentence of imprisonment
for life to imprisonment of either description for a term not
exceeding 14 years. Chapter 32 of the Code, to which Section 433-
A was added, entitled ‘Execution, Suspension, Remission and
Commutation of Sentences’ contains Sections 432 and 433 which
have relevance; the former confers power on the appropriate
government to suspend the execution of an offender's sentence or to
remit the whole or any part of the punishment to which he has been
sentenced while the latter confers power on such government to
commute ( a ) a sentence of death for any other punishment ( b ) a
sentence of imprisonment for life, for imprisonment for a term not
exceeding 14 years or for fine ( c ) a sentence of rigorous
imprisonment for simple imprisonment or for fine and ( d ) a
sentence of simple imprisonment for fine. It is in the context of the
aforesaid provisions that we must read Section 433-A which runs as
under:
“433-A.  Restriction on powers of remission or commutation
in certain cases .— Notwithstanding anything contained in
Section 432, where a sentence of imprisonment for life is
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imposed on conviction of a person for an offence for which
death is one of the punishments provided by law, or where a
sentence of death imposed on a person has been commuted
under Section 433 into one of imprisonment for life, such person
shall not be released from prison unless he had served at least
fourteen years of imprisonment.”
The section begins with a non-obstante clause — notwithstanding
anything contained in Section 432 — and proceeds to say that where a
person is convicted for an offence for which death is one of the
punishments and has been visited with the lesser sentence of
imprisonment for life or where the punishment of an offender sentenced
to death has been commuted under Section 433 into one of
imprisonment for life, such offender will not be released unless he has
served at least 14 years of imprisonment. The reason which impelled the
legislature to insert this provision has been stated earlier. Therefore, one
who could have been visited with the extreme punishment of death but
on account of the sentencing court's generosity was sentenced to the
lesser punishment of imprisonment for life and another who actually
was sentenced to death but on account of executive generosity his
sentence was commuted under Section 433( a ) for imprisonment for life
have been treated under Section 433-A as belonging to that class of
prisoners who do not deserve to be released unless they have completed
14 years of actual incarceration. Thus the effect of Section 433-A is to
restrict the exercise of power under Sections 432 and 433 by the
stipulation that the power will not be so exercised as would enable the
two categories of convicts referred to in Section 433-A to freedom
before they have completed 14 years of actual imprisonment. This is the
legislative policy which is clearly discernible from the plain language of
Section 433-A of the Code. Such prisoners constitute a single class and
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W.P.(Crl)1310 of 2026
have, therefore, been subjected to the uniform requirement of suffering
at least 14 years of internment. ‘
16.The above dictum makes it clear that the life convict covered
under section 433-A of Cr.P.C., now section 475 of BNSS, 2023, cannot
invoke for premature release, if he/she has not completed 14 years of
actual imprisonment without any remission. Therefore, the eligibility
criteria fixed for other women prisoners who were sentenced to life
imprisonment for an offence for which death is not one of the
punishments and were remission is also included to become eligible,
cannot be equavated with the prisoners who were sentenced to life
imprisonment for the offence for which death is also one of the
penalty/punishment.
17.Therefore, we are of the view that the petitioner, as a matter of
right, cannot seek for premature release unless she has completed
fourteen years of actual imprisonment without any remission. Hence, the
writ petition deserves to be dismissed. However, if the writ petitioner has
completed fourteen years of actual imprisonment without any remission,
the respondents shall consider her case for premature release on its own
merits and in accordance with law.
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18.With the above observation, the writ petition is dismissed. No
costs. Consequently, connected miscellaneous petitions are closed.

(N.S.K., J.) (K.R.S., J.)
10.09.2026
Index : Yes
Speaking Order
Neutral Citation : Yes
vvk
To
1.The Additional Chief Secretary
to Government,
The State of Tamil Nadu.
Home, Prohibition and Excise Department,
Secretariat, Chennai-600 009.
2.The Director General of Police &
Director General of Prisons
and Correctional Service,
Whannels Road,
Egmore, Chennai-600 008.
3.The Superintendent of Prison,
Special Prison for Women,
Puzhal, Chennai-600 066.
4.The Public Prosecutor,
Madras High Court,
Chennai.
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2026:MHC:3717
W.P.(Crl)1310 of 2026
N.SATHISH KUMAR, J.
and
K.RAJASEKAR, J.
vvk
Pre delivery order in
W.P. (Crl) No.1310 of 2026
10.09.2026
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