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LATEST NEWS UPDATES | HC bails out 73 undertrials languishing in TN prisons -A Subramani

HC bails out 73 undertrials languishing in TN prisons -A Subramani

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published Published on Mar 22, 2013   modified Modified on Mar 22, 2013
-The Times of India


CHENNAI: Holding that no person should languish in jail just because no one was willing or available to stand surety for him, the Madras high court ordered the immediate release of 73 undertrial prisoners, who were in jail for long periods despite having got bail. They will all now be released on their own bond.

While granting bail, a surety is insisted upon by courts because the person standing surety will, in effect, guarantee the presence of the accused for trial, as and when it commences. It is not very uncommon to come across undertrial prisoners who are unable to come out of jails because they do not have anyone outside to stand surety for them.

A division bench, comprising Justice Elipe Dharma Rao and Justice M Venugopal, passed the order on a public interest writ petition filed by V Senthilkumar, who narrated the prolonged detention of one Veeraraju to highlight the larger issue of undertrials idling behind bars owing to the non-availability of people outside to stand surety for them.

The judges, applying Supreme Court rulings, directed member-secretaries of legal aid committees in about a dozen districts to conduct inquiries. A report of the Tamil Nadu State Legal Services Authority revealed that 272 persons were in jail for a substantial period even after getting bail, and the reason for their prolonged stay was that they had none to stand surety for them.

TALES FROM JAILS

272 undertrials are languishing in jails across Tamil Nadu even after getting bail Justice E Dharma Rao studied all cases and ordered the release of 73 people As for the rest, the court said they either faced grave charges or their antecedents came in the way of release

Nature of offences analysed before release

Justice Elipe Dharma Rao, who is the executive chairman of the TNSLSA, then called for the individual case bundles and analysed the nature of offences committed by the prisoner concerned, his antecedents and other relevant details.

The bench then ordered the release of 73 prisoners, while rejecting the case of others because they faced either grave charges or their antecedents posed problem.

"Considering the gravity of the offence and antecedents we deem it appropriate to release the 73 persons, on them executing personal bond before the judicial magistrate concerned," read the order on Wednesday.


The Times of India, 22 March, 2013, http://timesofindia.indiatimes.com/india/HC-bails-out-73-undertrials-languishing-in-TN-prisons/articleshow/19120444.cms


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