SETTU@MANICKAM vs THE STATE REP BY ITS

2026:MHC:2750
WP.No.35730 of 2024 etc. batch
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30-06-2026
CORAM
THE HON'BLE DR.JUSTICE ANITA SUMANTH
AND
THE HON'BLE MR.JUSTICE SUNDER MOHAN
WP No. 35730 of 2024
AND
WP NO. 1890 OF 2025,WMP NO. 2164 OF 2025,WMP NO. 2166 OF
2025,WP NO. 18278 OF 2025,WMP NO. 20474 OF 2025,WP CRL. NO.
1122 OF 2026,WPMP CRL. NO. 371 OF 2026,WP NO. 19077 OF
2025,WMP NO. 21381 OF 2025,WP NO. 19555 OF 2025,WMP NO. 21879
OF 2025,WP NO. 19566 OF 2025,WMP NO. 21898 OF 2025,WMP NO.
21902 OF 2025,WP CRL. NO. 592 OF 2025,WPMP CRL. NO. 278 OF
2025,WPMP CRL. NO. 279 OF 2025,WMP NO. 38589 OF 2024,WMP NO.
38590 OF 2024,WP NO. 37673 OF 2024,WMP NO. 40735 OF 2024,WP
CRL. NO. 1083 OF 2025,WP CRL. NO. 1074 OF 2025,WPMP CRL. NO.
508 OF 2025,WPMP CRL. NO. 509 OF 2025,WMP NO. 40869 OF
2024,WP CRL. NO. 1189 OF 2025,WP CRL. NO. 1481 OF 2025
WP.No.35730 of 2024
Settu @ Manickam
S/o.Shanmugam, Life Convict Prisoner
LCT No.14418, Central Prison at Coimbatore,
Gandhipuram, Coimbatore- 12.
..Petitioner(s)
Vs
1. The State Rep By Its
The Additional Chief Secretary to Government,
Home (Prison - IVA) Department, Secretariat,
Fort St. George, Chennai-600009.
2. The Director General Of Prisons
Gandhi Irwin Road, CMDA Building,
1
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2026:MHC:2750
WP.No.35730 of 2024 etc. batch
2nd Tower, Egmore, Chennai- 600008.
3. The Superintendent Of Prison
Central Prison at Coimbatore, Gandhipuram,
Coimbatore- 12.
..Respondent(s)
WP No. 1890 of 2025
Kanagaraj
S/o. Nanniyan, Door No.1/ 224, Colony Street,
Ramachandrapuram, Kulathur (North),
Tutucorin- 628 903.
..Petitioner(s)
Vs
1. The State Rep By Its
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 Palayamkottai,
Tirunelveli District- 627 002.
..Respondent(s)
WP No. 18278 of 2025
Chandra Sekar
S/o. Rasaiya Nadar,
D.No.385A, Duraisamiyapuram,
Rosemiyapuram Via,
Panagudi - 627 109.
..Petitioner(s)
Vs
2
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2026:MHC:2750
WP.No.35730 of 2024 etc. batch
1. The State Represented By Its
The Principal 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 Palayamkottai,
Tirunelveli – 627 002.
..Respondent(s)
WP Crl. No. 1122 of 2026
J.Venkatesan
S/o Jayaraman,
Resident of No.39, Main Road,
Reddipalayam, Kurinjipadi Taluk,
Kalkunam, Cuddalore District-607302.
..Petitioner(s)
Vs
1. The State of Tamil Nadu
Rep by its Additional Chief Secretary,
Home, Prohibition & Excise Department,
Secretariat, Fort St. George,
Chennai - 600009.
2. The Director General of Prisons and Correctional
Services, Prison Headquarters,
Whannels Road, Egmore,
Chennai-600 008.
3. The Superintendent of Prisons,
Central Prison, Cuddalore.
Cuddalore District.
..Respondent(s)
3
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2026:MHC:2750
WP.No.35730 of 2024 etc. batch
WP No. 19077 of 2025
E.Kalaiyarasi
D/o. Eswaran, Door.No.01/40, Mosque Street,
Vadapalani, Chennai 600 026.
..Petitioner(s)
Vs
1. The State represented By Its
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 Palayamkottai,
Palayamkottai - 627 002
..Respondent(s)
WP No. 19555 of 2025
Mohan
S/o.Chinnaraju, Life Convict Prisoner,
CT No. 6965, Confining in Central Prison at
Salem, Hasthampatty, Salem-7.
..Petitioner(s)
Vs
1. The State Rep By its
The Additional Chief Secretary to Government,
Home (Prison -IV) Department, Secretariat,
Fort St George, Chennai- 600009.
2. The Director General of Prisons,
Gandhi Irwin Road, CMDA Building,
4
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2026:MHC:2750
WP.No.35730 of 2024 etc. batch
nd
2 Tower, Egmore, Chennai-600 008.
3. The Superintendent of Prison,
Central Prison at Salem,
Hasthampatty, Salem- 7.
..Respondent(s)
WP No. 19566 of 2025
A.Narkis Banu
W/o. Ahamed Basha Door No.110, Gandhi Nagar
Post, Sirupooluvapatti, Thaimoogambikai Colony,
Tirupur District.
..Petitioner(s)
Vs
1. The State rep. by its,
Additional Chief Secretary to Government
Home Department, Secretariat
Chennnai 600 009.
2. The Director General of Prison
Gandhi Irwin Road, Egmore, Chennai 600 008.
3. The Superintendent Of Prison
Central Prison at Salem, Hasthampatty.
..Respondent(s)
WP Crl. No. 592 of 2025
Raja
S/o. Varatharaji,
Life Convict Prisoner,
CT No.14246,
Confining at Cuddalore Central Prion,
Vandipalaiyam,
Cuddalore-607004.
5
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2026:MHC:2750
WP.No.35730 of 2024 etc. batch
..Petitioner(s)
Vs
1. The State rep by its,
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 Cuddalore,
Vandipalaiyam,
Cuddalore-607004.
..Respondent(s)
WP No. 37673 of 2024
Raja Mohamed
S/o Sheikh Oli Sulthan Door No 55,
East Mohammadhiyar Street, New Ayakudi,
Palani - 624 613.
..Petitioner(s)
Vs
1. The State Represented By Its
The Additional Chief Secretary to Government,
Home (Prison-IV) Department, Secretariat,
Fort St. George, Chennai - 600 009.
2. The Director General Of Prisons
Gandhi Riwin Road, CMDA Building
2nd Tower, Egmore, Chennai 600 008.
3. The Superintendent Of Prison
Central Prison at Palayamkottai,
6
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2026:MHC:2750
WP.No.35730 of 2024 etc. batch
Tirunelveli District – 627002.
..Respondent(s)
WP Crl. No. 1083 of 2025
Murugan
S/o.Kuran @ Ramasamy,
Life Convict Prisoner-LCT No.771,
Confining at Central Prison, Vellore.
..Petitioner(s)
Vs
1. The State represented by its,
The Additional Chief Secretary to Government,
Home (Prison-IVA) 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 Vellore,
Thorapadi, Vellore.
..Respondent(s)
WP Crl. No. 1074 of 2025
Mani @ Velumani
S/o.Kumarasamy Kounder,
Life Convict Prisoner LCT No. 13787,
Central Prison at Coimbatore,
Gandhipuram,
Coimbatore-12.
..Petitioner(s)
Vs
7
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2026:MHC:2750
WP.No.35730 of 2024 etc. batch
1. The State Represented by its
The Additional Chief Secretary to Government,
Home (Prison-IVA) 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 Coimbatore,
Gandhipruam,
Coimbatore-12.
..Respondent(s)
WP Crl. No. 1189 of 2025
Murugan
S/o.Veerana,
Life Convict Prisoner No.7275,
Confining in Central Prison at Salem,
Hasthampatty, Salem-7.
..Petitioner(s)
Vs
1. The State represented by its,
The Additional Chief Secretary to Government,
Home (Prison-IV) Department, Secretariat,
Fort St.George, Chenani - 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 Salem,
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2026:MHC:2750
WP.No.35730 of 2024 etc. batch
Hasthampatty, Salem - 7.
..Respondent(s)
WP Crl. No. 1481 of 2025
Vilwanathan
S/o.Chakkarapani,
Life Convict Prisoner LCT NO.23854,
Central Prison at Vellore,
Thorapadi, Vellore-632 002.
..Petitioner(s)
Vs
1. The State Rep by its,
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 Vellore,
Thorapadi, Vellore-632 002.
..Respondent(s)
WP.No.35730 of 2024
Petition filed under Article 226 of the Constitution of India, to issue a
Writ in the nature of Writ of Certiorarified Mandamus or any other appropriate
Writ or Direction to call for the records in Impugned order in G.O. (D) No.
st
1230 dated 14.10.2024 passed by the 1 respondent and quash the same and
9
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2026:MHC:2750
WP.No.35730 of 2024 etc. batch
directing the respondents to release the petitioner / convict namely Mr. Settu @
Manickam S/o. Shanmugam (CT No.14418).
WP No. 1890 of 2025
Petition filed under Article 226 of the Constitution of India, to issue a
Writ in the nature of Writ of Certiorarified Mandamus or any other appropriate
Writ or Direction to direct the 1st respondent to call for the records pertains to
the impugned order in No. G.O. (D) .No.1544 dated 23.12.2024 passed by the
1st respondent and quash the same and direct the respondents to release
forthwith the convict namely Mr.Vanniya Raja S/o. Karuppasamy.
WP No. 18278 of 2025
Petition filed under Article 226 of the Constitution of India, to issue a
Writ in the nature of Writ of Certiorarified Mandamus or any other appropriate
Writ or Direction to direct the 1st respondent to call for the records pertains to
the impugned order in No.G.O.(D) No.753 dated 13.06.2024 passed by the 1st
respondent and quash the same and direct the respondents to release forthwith
the Brother of petitioner/ convict namely Mr.Jeyasankar S/o. Rasaiya (CT No
6518).
WP Crl. No. 1122 of 2026
Petition filed under Article 226 of the Constitution of India, to issue a
Writ of Certiorarified Mandamus or any other appropriate writ, order, or
direction, in nature of writ, to call for the records pertaining to impugned order
passed by the 1st respondent vide G.O.(D) No.100 Home (Prison-IVA)
Department dated 27.01.2026 in rejecting the petitioner’s case for premature
release and quash the same as illegal, arbitrary, opposed to the spirit
government orders, TN Prison Rules and dictum of law and further direct the
respondents to forthwith release the petitioner bearing Life Convict in
PID.No.40559, now confined in Central Prison, Cuddalore, within a time frame
as may be fixed by this Hon’ble Court and pass such further or other orders and
thereby render justice.
WP No. 19077 of 2025
Petition filed under Article 226 of the Constitution of India, to issue a
Writ in the nature of Writ of Certiorarified Mandamus or any other appropriate
Writ or Direction to call for the records in impugned order in G.O.(D) NO.369
10
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2026:MHC:2750
WP.No.35730 of 2024 etc. batch
dated 24.03.2025 passed by the 1st respondent and quash the same and direct
the respondents to release forthwith the father of petitioner /convict namely
Mr.Eswaran @ Mareeswaran @ Kaleeswaran S/o. Samuthira Nadar (Life
convict prisoner No.34, PID No.17624) and may pass further or other order may
deem fit and necessary and thus render justice.
WP No. 19555 of 2025
Petition filed under Article 226 of the Constitution of India, to issue a
Writ in the nature of Writ of Certiorarified Mandamus or any other appropriate
Writ or Direction to call for the records pertains to the impugned order in No.
G.O. (D) No.473 dated 15.04.2025 passed by the 1st respondent and quash the
same and direct the respondents to release forthwith the Convict / petitioner
namely Mohan S/o. Chinnaraju (CT No.6965).
WP No. 19566 of 2025
Petition filed under Article 226 of the Constitution of India, to issue a
Writ in the nature of Writ of Certiorarified Mandamus or any other appropriate
st
Writ or Direction directing the 1 respondent to call for records pertains to the
impugned order in No. G.O. (D) No. 645 dated 26.05.2025 passed by the 1st
respondent and quash the same and direct the respondents to prematurely
release the Husband of the Petitioner/convict namely Ahamed Basha @
Neethinathan S/o. Thiyagarajan (CT No.7577).
WP Crl. No. 592 of 2025
Petition filed under Article 226 of the Constitution of India, to issue a
Writ in the nature of Writ of Certiorarified Mandamus or any other appropriate
Writ or Direction to call for the records pertains to the impugned order in
No.G.O.(D). No.1407 dated 25.11.2024 passed by the 1st respondent and quash
the same and consequently direct the respondents to release forthwith the
Convict/petitioner namely Mr.Raja S/o.Varatharaji (CT No.14246) and may
pass further or other order may deem fit and necessary and thus render justice.
WP No. 37673 of 2024
Petition filed under Article 226 of the Constitution of India, to issue a
Writ in the nature of Writ of Certiorarified Mandamus or any other appropriate
Writ or Direction directing the 1st respondent to call for the records pertains to
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2026:MHC:2750
WP.No.35730 of 2024 etc. batch
the impugned order in No. G.O. (D) No 1365 dated 15.11.2024 passed by the
1st respondent and quash the same and direct the respondents to release
forthwith the Convict / petitioner namely Mr. Sabeer Ahmed S/o Sheikh Oli
Sulthan (CT No 4117).
WP Crl. No. 1083 of 2025
Petition filed under Article 226 of the Constitution of India, to issue a
Writ in the nature of Writ of Certiorarified Mandamus to call for the records
pertains to the impugned order in No.G.O.(D).No.454 dated 11.04.2025 passed
by the 1st respondent and quash the same and consequently direct the
respondents to release forthwith the Convict/Petitioner namely Mr.Murugan,
S/o.Kuran @ Ramasamy (LCT No.771) and may pass further or other order
may deem fit and necessary and thus render justice.
WP Crl. No. 1074 of 2025
Petition filed under Article 226 of the Constitution of India, to issue a
Writ in the nature of Writ of Certiorarified Mandamus to call for the records
pertains to the impugned order in No. G.O(D) No. 1224 dated 10.10.2024
passed by the 1st respondent and quash the same and consequently directing the
respondents to release the petitioner/convict namely Mr.Mani @ Velumani
S/o.Kumarasamy Kounder (CT No. 13787) and may pass further or other order
may deem fit and necessary and thus render justice.
WP Crl. No. 1189 of 2025
Petition filed under Article 226 of the Constitution of India, to issue a
Writ in the nature of Writ of Certiorarified Mandamus to call for the records
pertains to the impugned order in No.G.O.(D) No.472 dated 15.04.2025 passed
by the 1st respondent and quash the same and Consequently direct the
respondents to release forthwith the Convict/petitioner namely Mr.Murugan
S/o.Veerana, Life Convict Prisoner No.7275 confining in Central Prison at
Salem and may pass further or other order may deem fit and necessary and thus
render justice.
WP Crl. No. 1481 of 2025
Petition filed under Article 226 of the Constitution of India, to issue a
Writ of Certiorarified Mandamus to call for the records in impugned order in
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2026:MHC:2750
WP.No.35730 of 2024 etc. batch
G.O.(D)No.1015 dated 04.09.2019 passed by the 1st respondent and quash the
same and consequently directing the respondents to release the
petitioner/convict namely Mr.Vilwanathan, S/o.Chakkarapani (CT No.23854)
who is confining at 3rd respondent herein and may pass further or other order
may deem fit and necessary and thus render justice.
Case Nos. For Petitioner(s) For Respondent(s)
W.P.Nos.35730
& 37673 of 2024
W.P.Nos.1890,
18278, 19077,
19555 & 19566
of 2025 and
WP.Crl.Nos.592,
1083, 1074,
1189 & 1481 of
2025
Mr.M.Mohamed Saifulla Mr.C.R.Malarvannan,
Counsel for Government of
Tamil Nadu (Criminal Side)
WP.Crl.No.1122
of 2026
Mr.K.Saravanan Mr.C.R.Malarvannan,
Counsel for Government of
Tamil Nadu (Criminal Side)
COMMON ORDER
(Order of the Court was made by Dr.Anita Sumanth J.)
This is a batch of 13 writ petitions that may be broadly divided into two
sub divisions, 6 writ petitions, where this is the first round of litigation, and 7
writ petitions where this is the second round of litigation.
2.In the latter batch, convicts had sought premature release in terms of
G.O.Ms.No.488, Home (Pri-V) dated 15.11.2021 and the proposals sent by the
Director General of Prisons to the State Level Committee (Committee) had
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2026:MHC:2750
WP.No.35730 of 2024 etc. batch
resulted in positive recommendations from the Committee for their early
release.
3.The recommendations had been forwarded to the Government for
confirmation, and the Government had rejected the requests for early release.
The orders of rejection came to be challenged before this Court in a batch of
writ petitions, and on a consideration of the rejection orders, this Court had
remanded the matters to the Government for re-consideration. The present
impugned orders have been passed by the Government rejecting the pleas for
early release, essentially on the ground that the offences committed by the
convicts related to heinous and brutal crimes as against women.
4.The first sub-batch of writ petitions relates to convicts whose pleas for
early release had been positively recommended by the Committee but that had
been rejected by the Government at the very first instance, on the ground that
the offences committed related to brutal and heinous crimes against women.
Since in effect, the challenge is identical across all writ petitions, the two sets of
matter have been consolidated for hearing before us.
5.We have heard Mr.M.Mohamed Saifulla, learned counsel for the
petitioners in W.P.Nos.35730 & 37673 of 2024, W.P.Nos.1890, 18278, 19077,
19555 & 19566 of 2025, WP.Crl.Nos.592, 1083, 1074, 1189 & 1481 of 2025,
Mr.K.Saravanan, learned counsel for the petitioner in WP.Crl.No.1122 of 2026
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2026:MHC:2750
WP.No.35730 of 2024 etc. batch
and Mr.C.R.Malarvannan, learned Counsel for Government of Tamil Nadu
(Criminal Side) for the respondents in all cases.
6.We tabulate below the basic details in relation to the trajectory that the
representations of the convicts has taken, including the reasons for rejection of
the representations and the quantum of sentence served by the convicts as on
date:
Sub-division I
S.No. W.P.No. Relief Sequence of Events Reason for
Rejection
Sentence
Served
1 1481/2025
To release the
petitioner
prematurely as per
Rejection of
premature release
vide G.O.(Ms.)
No.64, Home (Pri-
IV) Dept.
Dt.01.02.2018.
(i)Proposal sent
from DG Prisons to
Government vide
4369/PS1/2018,
dated 16.02.2018 –
State level
Committee
recommended
Prisoner
convicted of
double murder
for murdering
his two sons,
aged 3 and 7, by
using stones.
Cruel and brutal
nature of the
offence
As on
25.02.201
8, the
prisoner
has served
11 years, 6
months
and 19
days.
(1 rejection order)
M/s Viswanathan (filed
by Prisoner himself)
Confined in Central
Prison Vellore
(ii)Rejected by
Government vide
G.O.(D).No.1015,
Home (Prison IV)
Department dated
04.09.2019.
(Impugned)
2 19555/2025
To release the
petitioner
prematurely as per
G.O.(Ms.)No.488,
Home Dept. (Pri-IV)
dt. 15.11.2021)
(i)Proposal sent
from DG Prisons to
Government vide
32149/PS1/2021,
dated 16.02.2022 –
State Level
Committee
recommended.
Murder of a
woman by
pouring kerosene
and setting her
on fire due to
prior enmity.
The vicious
nature of the
crime against the
woman casts a
shadow of
shame on society
and hence,
deserves no
leniency
As on
15.09.202
1, the
prisoner
had served
10 years, 9
months
and 18
days.
(1 rejection order)
M/s Mohan (filed by
Prisoner himself)
Confined in Central
Prison, Salem
(ii)Rejected vide
G.O.(D)No.473,
Home (Prison IV)
Department, dated
15.4.2025
(Impugned).
3 18278/2025 To release the
Prisoner prematurely
(i)Proposal sent
from DG Prisons to
The prisoner
murdered his
As on
15.09.202
15
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2026:MHC:2750
WP.No.35730 of 2024 etc. batch
(1 rejection order)
as per G.O.
(Ms.)No.430, Home
(Pri-IV) Dept.
11.08.2023)
Government vide
33476/PS1/2023,
dated 28.2.2024 –
along with report
of the District
Level and State
Level Committee
and
recommendation of
the DGP (Law and
Order).
wife and son.
Considering the
nature of the
crime, premature
release was
rejected.
3, the
prisoner
has served
20 years,
10 months
and 28
days.
M/s Chandra Sekar
(Brother of Prisoner)
Prisoner – Jayasankar
Confined in Central
Prison, Palayamkottai
(ii)Rejected vide
G.O.(D).No.753,
Home (Prison-IV)
Department, dated:
13.06.2024
(Impugned).
4 1083/2025
To release the
petitioner
prematurely (as per
G.O.(Ms.)No.488,
Home Dept. (Pri-IV)
dt. 15.11.2021)
(i)Proposal sent
from DG Prisons to
Government vide
32149/PS1/2021,
dated 10.12.2021 –
State level
Committee
Recommended.
Rejected as per
para 2(E) and 2
(G) Murder of
wife by
strangulation
with a nylon
rope due to
suspicion.
Heinous act
against a
woman, casting
of a profound
shadow of
shame upon
society, and
cruelty towards
women warrant
no leniency-
As on
15.09.202
1, the
prisoner
has served
10 years, 7
months
and 8
days.
(1 rejection order)
M/s Murugan, (filed by
Prisoner himself)
Confined at Central
Prison, Vellore
(ii)Rejection of
premature release
vide G.O.
(D)No.454, Home
(Prison IVA)
Department, dated
11.04.2025
(Impugned)
5 1189/2025
To release the
Prisoner prematurely
(as per G.O.
(Ms.)No.488, Home
Dept. 15.11.2021)
(i)Proposal sent
from DG Prisons to
Government vide
32149/PS1/2021,
dated 16.02.2022 –
State Level
Committee
recommended.
As per para 2(E)
and (G) – Crime
against women
murdered his
own mother –
nature of crime
has far –
fetching effects
and impacts
communities and
societies
As on
completed
15.09.202
1
completed
11 years
11 months
and 14
days.
(1 rejection order)
Mr.Murugan (Filed by
the petitioner himself)
Confined in Central
Prison, Salem
(ii)Rejected vide
G.O.(D)472, Home
(Prison IV)
Department, dated
15.04.2025
(Impugned)
6 1122/2026
To release the
petitioner
prematurely as per
rule 348 of Tamil
Nadu Prison Rules,
2024.
(i)District
Collector,
Probation Officer,
PDJ have
recommended.
Murder of wife
by setting her on
fire. The act
reflects extreme
cruelty and
disregard for
As on
09.01.202
5, the
prisoner
has served
15 years
M/s Venkatesan (filed
by
(ii)Case was placed
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2026:MHC:2750
WP.No.35730 of 2024 etc. batch
Prisoner himself)
SOP as per G.O.
(Ms.)No.12, Home
Dept. 10.01.2025.
before the State
Level Committee
on 20.11.2025 as
per rule 350 of
TNPR, 2024 –
State Level
Committee did not
recommend.
human life,
particularly
against women.
Raises
significant moral
and societal
concerns
disregard for
human life,
particularly
against women.
Raises
significant moral
and societal
concerns
and 24
days.
Confined at Central
Prison Cuddalore.
(iii)Rejected vide
G.O.(D)No.100,
Home (Prison
IVA) Department,
dated 27.1.2026.
(Impugned)
Sub-division II
S.No. W.P.No. Relief Sequence of Events Reason for
Rejection
Sentence
Served
st
1 rejection: the
prisoner
committed
murder of his
wife by cutting
her
indiscriminately
which is brutal
in nature.
1 35730/2024
To release the
petitioner
prematurely as per
G.O. (Ms). No.488,
Home (Pri-(V) dt.
15.11.2021
(i) Proposal sent
from DG Prisons to
the Committee
Government in
communication
No.
32149/PS1/2021,
dated 10.01.2022 –
State level
Committee
recommended
As on
15.09.202
1, the
prisoner
has served
10 years, 7
months
and 9
days.
(2 rejection orders)
M/s.Settu @ Manickam
(convict is the
Prisoner)
Convict confined in
Central Prison,
Coimbatore
nd
2 Rejection:
Brutal in nature
and its effect on
society.
(ii)Rejected by
Government vide
G.O.(D) No.1190,
Home (Prison-
IVA) Department,
dated 16.10.2023.
(iii)Re-considered
and rejected by
Government vide
G.O.(D)No.1230
Dt.14.10.2024.
(Impugned Order)
st
1 rejection:
Murder of the
wife by pouring
kerosene and
setting fire to
her. Case of
2 592/2025
To release the
petitioner
prematurely (as per
G.O.(Ms.)No.488,
Home (Pri-(V) dt.
15.11.2021)
(i)Proposal sent
from DG Prisons to
Government vide
32149/PS1/2021,
dated 27.12.2021 –
State level
As on
15.09.202
1, the
prisoner
has served
10 years, 9
(2 rejection orders)
M/s.Raja (filed by
Prisoner himself)
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2026:MHC:2750
WP.No.35730 of 2024 etc. batch
Convict confined in
Central Prison,
Cuddalore
Committee
Recommended.
brutal killing of
a woman and the
convict has not
yet served even
14 years in
prison.
moths and
29 days.
(ii)Rejected by
Government vide
G.O.(D) No.1220,
Home (Prison
IVA) Department,
dated 20.10.2023.
nd
2 rejection:
Heinous nature
of the offence
and its effect on
society in public
interest.
(iii)Remanded back
to Government in
W.P.No.6233 of
2024 dated
09.09.2024.
(iv)Re-considered
and rejected by
Government vide
G.O.(D)No.1407
Dt.25.11.2024.
(Impugned)
st
1 rejection: The
prisoner has not
served 14 years
of imprisonment.
3 1890/2025
To release the
petitioner
prematurely (as per
G.O.(Ms).No.488,
Home (Pri-(V) dt.
15.11.2021)
(i)Proposal sent
from DG Prisons to
Government vide
32149/PS1/2021,
dated: 31.01.2022
– State level
Committee
Recommended
As on
15.02.202
5, the
prisoner
has served
13 years, 6
months
and 4
days.
(3 rejection orders)
M/s Kanagaraj
nd
2 Rejection: In
view of the
condition
prescribe in 2(G)
of G.O.
(Ms.)No.488,
Home (Pri-(V)
dt. 15.11.2021.
(Son-in-law of the
Prisoner)
Prisoner – Vanniya
Raja
(ii)Proposal sent
from DG Prisons to
Government vide
27975/PS1/2023,
dated 31.01.2022.
Confined in Central
Prison, Palayamkottai
rd
3 rejection:
Prisoner
murdered his
wife by using
Amval, pouring
kerosene on her
and setting her
on fire on
suspicion. The
offence is of
cruel and brutal
nature
(iii)Representation
for premature
release dated
21.06.2023.
(iv)Government
directed to consider
representation
within 4 weeks
vide order in
W.P.No:24977 of
2023 dated
01.09.2023.
(v)Rejected by
Government vide
G.O.(D) No.1273,
Home(Prison-IV)
Department, dated:
03.11.2023.
(vi)Remanded back
to government as
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2026:MHC:2750
WP.No.35730 of 2024 etc. batch
per order in
W.P.No.2292 of
2024, dated:
16.02.2024.
(vii)Proposal sent
from DG Prisons
vide
3966/PS1/2024,
dated: 26.03.2024.
(viii)Re-considered
and rejected by
government vide
G.O.(D)No.1049,
Home (Prison-IV)
Department, dated:
06.09.2024.
(ix)Remanded back
to government as
per order in
W.P.No.31815 of
2024, dated:
05.11.2024.
(x)Re-considered
and rejected by
Government vide
G.O.(D)No.1544,
Home (Prison-IV)
Department, dated:
23.12.2024
(Impugned)
st
1 Reason: The
crime involved
is the double
murder of one
woman and her 3
and a half year
old son. A case
of double
murder.
4 19077/2025
To release the life
convict prisoner
Eswaran @
MareeswaKaleeswar
an prematurely (as
per G.O.
(Ms).No.430, Home
Dept. (Pri-IV) dt.
11.08.2023
(i)Proposal sent
from DG Prisons to
Government vide
No.33476/PS1/202
3, dated
03.11.2023 – along
with report of the
District Level and
State Level
Committee and
recommendation of
the DGP (Law and
Order).
As on 27.-
05.2025,
the
prisoner
has served
17 years,
11 months
and 7 days
(2 rejection orders)
M/s E.Kalaiyarasi
(Daughter of the
Prisoner)
Prisoner – Eswaran @
MareeswaranKaleeswa
ran
nd
2 reason: Cruel
and brutal nature
of the offence
committed
against a woman
and a child, and
its effect on
society.
Confined in Central
Prison Palayamkottai
(ii)Rejected vide
G.O.(D)No.290,
Home (Prison IV)
Department, dated
07.03.2024.
Remanded back to
government as per
order in
W.P.No.25832 of
2024 dated
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2026:MHC:2750
WP.No.35730 of 2024 etc. batch
17.10.2024.
Re-considered and
rejected vide G.O.
(D).No.369, Home
(Prison IV)
Department, dated
24.03.2025
(Impugned).
5 1074/2025
To release the
petitioner
prematurely as per
G.O.(Ms). No.488,
Home (Pri-IV) Dept.
15.11.2021)
(i)Proposal sent
from DG Prisons to
Government vide
32149/PS1/2021,
dated 16.02.2022 –
State level
committee
recommended
Prisoner, a pimp.
Murdered a
woman for
refusing to
continue the
flesh trade. She
was strangulated
and her body
was transported
in a car and her
head was
crushed after it
was run over by
a vehicle.
Murder is
heinous and the
victim is a
woman. – The
prisoner has not
completed 14
years.
As on
15.09.202
1, the
prisoner
has served
11 years, 5
months
and 5
days.
(2 rejection orders)
M/s Mani @ Velumani
(filed by Prisoner
himself)
Confined in Central
Prison, Coimbatore
(ii)Rejected vide
G.O.(D)No.1192
Home (Prison-
IVA) Department,
dated 16.10.2023.
(iii)Remanded back
to government as
per order in
W.P.No.13235 of
2024 dated
09.09.2024
(iv)Re-considered
and Rejected again
vide G.O.
(D)No.1224, Home
(Prison IVA)
Department, dated
10.10.2024
(Impugned).
nd
2 rejection:
Premeditated
and brutal in
nature and its
effect on the
society and
public interest.
6 37673/2024 (2
rejection orders)
To release the
petitioner
prematurely (as per
G.O.(Ms.)No.488,
Home Dept.
15.11.2021)
(i)Proposal sent
from DG Prisons to
Government vide
32149/PS1/2021,
dated 04.02.2022
of DG Prisons –
Recommended by
District Committee
and DIG/Regional
Probation Officer.
State Level
Committee said
eligible by not
recommended
because of cruel
nature of offence.
As per pare 2(G)
G.O.(Ms.)No.
488 – Abduction
and murder of a
71-year-old
doctor for a Rs.5
Crore ransom.
Cruel and brutal
nature of the
offence.
As on
15.09.202
1, the
prisoner
has served
12 years
and 9
days.
M/s Raja Mohamed (of
Prisoner)
Prisoner – Sabeer
Ahamed
Confined at Central
Prison, Palayamkottai
As per para 2(G)
of G.O.(Ms.)
No.488 – Cruel
and brutal nature
of the offence
and its effect on
society.
(ii)Proposal sent
from DG Prisons to
Government vide
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2026:MHC:2750
WP.No.35730 of 2024 etc. batch
23347/PS1/2023,
dated 03.06.2023.
(iii)Representation
for premature
release dated
28.03.2023.
(iv)Government
directed to consider
representation
within 6 weeks
vide order in
W.P.No:17056 of
2023 dated
08.06.2023.
(v)Rejected vide
G.O.(D)No.1121,
Home (Prison-IV)
Department, dated
25.09.2023
(vi)Remanded back
to government as
per court Orders of
the Hon’ble High
court of Madras in
W.P.No.35829 of
2023, dated
09.09.2024.
(vii)Re-considered
and Rejected vide
G.O.(D) 1365,
Home (Prison IV)
Department, dated
15.11.2024
(Impugned).
st
1 rejection:
Condition
prescribed in
Pare 2(G) –
Brutally
murdered a
woman.
7 19566/2025
To release the
Prisoner prematurely
(as per G.O.
(Ms).No.488, Home
Dept. 15.11.2021)
(i)Proposal sent
from DG Prisons to
Government vide
32149/PS1/2021,
dated 15.12.2021 –
State level
Committee
Recommended.
As on
09.01.202
5, the
prisoner
has served
15 years
and 24
days.
(2 rejection order)
Mrs.A.Narkisbanu
(Wife of Prisoner –
Ahmed Basha @
Neethinathan
Prisoner confined in
Central Prison, Salem
(ii)Rejected vide
G.O.(D)No.213,
Home (Prison IV)
Department, dated
27.02.2024
(iii)Remanded back
to government as
per court Orders of
the Hon’ble High
court of Madras in
W.P.No.13241 of
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2026:MHC:2750
WP.No.35730 of 2024 etc. batch
2024, dated
09.09.2024.
(iv)Re-considered
and Rejected vide
G.O.(D)645, Home
(Prison IV)
Department, dated
26.05.2025.
(Impugned)
7. The petitioners herein, either on their own behalf where they are the
convicts, or on behalf of their relatives who are convicts, in different prisons
across Tamil Nadu, have sought early release premised on G.O.Ms.No.488
Home, (Pri-V) dated 15.11.2021 (Government Order), issued under Article 161
th
of the Constitution of India on the occasion of the 113 Birthday of
Dr.Peraringnar Anna.
8. The Government Order enables the grant of premature release to life
convicts who have completed 10 years of actual imprisonment as on
15.09.2021. It is a settled position that the threshold of 10 years as stipulated
under the Government is only the pre-qualificatory requirement, and does not
vest any right of premature release on the convict. There are various conditions
set out in the Government Order that the convicts are required to satisfy, and
prisoners convicted for certain demarcated offences are ineligible for the benefit
under the Government Order.
9. One of the conditions relates to cruelty against women (Section 498A
IPC/dowry death (Section 304B IPC)).The petitioners make a tentative
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2026:MHC:2750
WP.No.35730 of 2024 etc. batch
suggestion that in many of the cases, neither Section 498A IPC nor Section
304B of IPC have been invoked. Rather, the offence has been of murder under
Section 302 and hence invocation of the bar under the G.O in their cases is
incorrect.
10. Per contra, the respondents argue that in a significant number of
cases, the reason for rejection of the plea was specifically the fact that the
convicts had committed gruesome, heinous and brutal offences against women.
The only exception is WP.No.37673 of 2024 wherein a 71 year old male doctor
had been kidnapped for ransom and thereafter murdered.
11. We have carefully considered the rival contentions and reject the
argument of the petitioners on this score. It would be a travesty of the
Government Order and the bar set out therein, to state that it is only cruelty as
per Section 498A or dowry death as per Section 304B, that would stand in the
way of early release. Evidently, the crime of murder of a woman stands on an
equal, or even greater pedestal than the two offences named in the Government
Order.
12. That apart, the case of the prosecution has been that the murders have
been carried out in a brutal and heinous manner. The appeal orders in the cases
of all convicts before us have attained finality and there is thus no dispute on the
factual matrix of the matters. In this light of the matter, we reject the argument
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2026:MHC:2750
WP.No.35730 of 2024 etc. batch
of the petitioner and note that offences committed by the convicts undoubtedly
attract the bar under the Government Order.
13. Having said so, the issue of early release, the circumstances in which
the plea should be considered and the manner of such consideration was the
1
subject matter of judgment of the Supreme Court in Joseph v State of Kerala .
In that case, the petitioner had been serving life imprisonment for offences
under Sections 302 and 392 IPC. At the time when he approached the State
Government, he had served actual imprisonment for about 26 years.
14. That petitioner’s case has been considered by the Advisory
Committee/Jail Advisory Board on nine occasions, of which, three times, the
Board had recommended his early release. The recommendations were to no
avail as the State Government proceeded to reject the request on all three
occasions. The stand taken by the State was that the conviction related to
offences against women and, as a policy, the Government would not accept the
plea of premature release in such cases.
15. The Court held that such a policy could not be countenanced as it
resulted in the blanket exclusion of certain offences from the grant of early
remission. Such a policy was, to quote the Court ‘not only arbitrary but turns
the ideals of reformation that run through our criminal justice system, on its
head.’
1
2023 SCC OnLine 1211
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2026:MHC:2750
WP.No.35730 of 2024 etc. batch
16. The basis of an order considering a plea for premature release thus
cannot be unitary in its consideration, proceeding solely on the nature of
offences committed by the convict, but has also to take into account the aspects
of their reformation and rehabilitation. This is what the judgment in Joseph has
to say, on that account:
‘Numerous judgments of this court, have elaborated on the
penological goal of reformation and rehabilitation, being the
cornerstone of our criminal justice system, rather than
retribution. The impact of applying such an executive
instruction/guideline to guide the executive’s discretion would be
that routinely, any progress made by a long-term convict would
be rendered naught, leaving them feeling hopeless, and
condemned to an indefinite period of incarceration. While the
sentencing courts may, in light of this court’s majority judgment
in Sriharan (supra), now impose term sentences (in excess of 14
or 20 years) for crimes that are specially heinous, but not
reaching the level of ‘rarest of rare’ (warranting the death
penalty), the state government cannot – especially by way of
executive instruction, take on such a role, for crimes as it deems
fit.’
17. The Court, referring to Articles 72 and 162 of the Constitution in
matters of remission, commutation etc., says that those powers cannot be caged
in the form of guidelines that are inflexible. In fine, the conclusion is that
typecasting a convict through guidelines that are inflexible, based on crimes
committed by them in the past, may well result in the real danger of overlooking
the reformative potential of the individual. This point is best elaborated in the
words of the Court that reads as follows:-
‘33. Classifying - to use a better word, typecasting convicts,
through guidelines which are inflexible, based on their crime
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2026:MHC:2750
WP.No.35730 of 2024 etc. batch
committed in the distant past can result in the real danger of
overlooking the reformative potential of each individual convict.
Grouping types of convicts, based on the offences they were found
to have committed, as a starting point, may be justified. However,
the prison laws in India – read with Articles 72 and 161
- encapsulate a strong underlying reformative purpose. The
practical impact of a guideline, which bars consideration of a
premature release request by a convict who has served over 20 or
25 years, based entirely on the nature of crime committed in the
distant past, would be to crush the life force out of such individual,
altogether. Thus, for instance, a 19 or 20 year old individual
convicted for a crime, which finds 27 (2007) 13 SCC 606 place in
the list which bars premature release, altogether, would mean that
such person would never see freedom, and would die within the
prison walls. There is a peculiarity of continuing to imprison one
who committed a crime years earlier who might well have changed
totally since that time. This is the condition of many people serving
very long sentences. They may have killed someone (or done
something much less serious, such as commit a narcotic drug
related offences or be serving a life sentence for other nonviolent
crimes) as young individuals and remain incarcerated 20 or more
years later. Regardless of the morality of continued punishment,
one may question its rationality. The question is, what is achieved
by continuing to punish a person who recognises the wrongness of
what they have done, who no longer identifies with it, and who
bears little resemblance to the person they were years earlier? It is
tempting to say that they are no longer the same person. Yet, the
insistence of guidelines, obdurately, to not look beyond the red lines
drawn by it and continue in denial to consider the real impact of
prison good behaviour, and other relevant factors (to ensure that
such individual has been rid of the likelihood of causing harm to
society) results in violation of Article 14  of the Constitution.
Excluding the relief of premature release to prisoners who have
served extremely long periods of incarceration, not only crushes
their spirit, and instils despair, but signifies society’s resolve to be
harsh and unforgiving. The idea of rewarding, a prisoner for good
conduct is entirely negated.’
18. On an examination of the impugned orders in the present cases, we
find that the rejections are based solely on the basis of the offences committed.
There is no examination of their conduct while in incarceration, the remorse, if
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2026:MHC:2750
WP.No.35730 of 2024 etc. batch
any, shown of their past acts, assessment, if any, of whether, and how they
could contribute to society if released, perception of threat that they may pose to
society and other relevant parameters.
19. We find that while some of the petitioners before us have completed
over 10 years, some have served more than 11, 12, 15, 17 and even 20 years of
sentence, and it is necessary that a detailed assessment and evaluation, of the
above, and other relevant parameters be made in course of deciding the
applications for premature release. We are informed by the respondents that the
State is presently in the throes of formulating a policy specifically to deal with
early release in cases of convicts who have committed heinous crimes against
women.
20. Hence, we set aside the present impugned orders, permitting the
convicts to re-submit applications for premature release that will be considered
in line with applicable Government Orders read with the salutary principles
enshrined in Joseph’s case.
21. These writ petitions are allowed in terms of this order. Costs made
easy.
(A.S.M.,J.) (S.M.,J.)
30-06-2026
vs
Index: Yes
Speaking order
Neutral Citation: Yes
27
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2026:MHC:2750
WP.No.35730 of 2024 etc. batch
To
1. The Additional Chief Secretary to Government,
Home (prison - IV A) Department, Secretariat,
Fort St. George, Chennai-09.
2. The Director General Of Prisons
Gandhi Irwin Road, Cmda Building, 2nd
Tower, Egmore, Chennai- 08.
3. The Superintendent Of Prison
Central Prison At Coimbatore, Gandhipuram,
Coimbatore- 12.
4. The Superintendent Of Prison
Central Prison At Palayamkottai, Tirunelveli
District- 627 002.
5. The Director General of Prisons and Correctional
Services
Prison Headquarters,
Whannels Road,
Egmore, Chennai.
6. The Superintendent of Prison
Central Prison,
Cuddalore District.
7. The Superintendent of Prison,
Central Prison, Hasthampatty, Salem.
8. The Superintendent of Prison,
Vellore.
9. The Public Prosecutor, High Court, Madras.
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2026:MHC:2750
WP.No.35730 of 2024 etc. batch
DR.ANITA SUMANTH J.
AND
SUNDER MOHAN J.
vs
WP No. 35730 of 2024
AND
WP NO. 1890 OF 2025,WMP NO. 2164 OF 2025,WMP NO. 2166 OF
2025,WP NO. 18278 OF 2025,WMP NO. 20474 OF 2025,WP CRL. NO.
1122 OF 2026,WPMP CRL. NO. 371 OF 2026,WP NO. 19077 OF
2025,WMP NO. 21381 OF 2025,WP NO. 19555 OF 2025,WMP NO. 21879
OF 2025,WP NO. 19566 OF 2025,WMP NO. 21898 OF 2025,WMP NO.
21902 OF 2025,WP CRL. NO. 592 OF 2025,WPMP CRL. NO. 278 OF
2025,WPMP CRL. NO. 279 OF 2025,WMP NO. 38589 OF 2024,WMP NO.
38590 OF 2024,WP NO. 37673 OF 2024,WMP NO. 40735 OF 2024,WP
CRL. NO. 1083 OF 2025,WP CRL. NO. 1074 OF 2025,WPMP CRL. NO.
508 OF 2025,WPMP CRL. NO. 509 OF 2025,WMP NO. 40869 OF
2024,WP CRL. NO. 1189 OF 2025,WP CRL. NO. 1481 OF 2025
30-06-2026
29
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