High Court of Madras: No Temporary Bail for Prisoners Seeking Early Release

Here's the scoop: The High Court of Madras has decided that they can't give temporary bail to prisoners asking for early release. This decision is all about the rules and who has the power to make these decisions.

The Case Background

Several requests were made by prisoners and their families asking for early release. They wanted the court to give temporary bail while the government considered their requests. The cases were heard by Judges N. Sathish Kumar and M. Jothiraman.

What the Court Decided

The court said they can't give temporary bail or release orders in these cases. The power to grant early release lies with the government, not the court. The judges explained that once a person is found guilty and sentenced, the court doesn't have control over them, so they can't grant bail.

"The power to change and pause the execution of the sentence under Section 432 Cr.P.C. lies exclusively with the Government and not the Court."

Why the Court Can't Grant Bail

The court emphasized that granting bail is only possible when a person is under the court's control. Since these prisoners are serving their sentences, they're not in court control. The court also noted that previous temporary orders from the Supreme Court were not examples to follow.

The Role of the Government

The judges pointed out that the government has the power to release prisoners temporarily under certain rules. If the government thinks a prisoner deserves temporary release, they can use their power to do so. The court suggested that the government should take responsibility instead of leaving it to the courts.

"It is high time for the Government to use such power in deserving cases to grant temporary release."

What's Next?

The court dismissed the requests but directed the government to consider the prisoners' requests for early release within three months. So, the ball is now in the government's court to make the next move.

In short, if you're looking for early release, it's all about convincing the government, not the court. The judges have made it clear where the responsibility lies.

Final Words

This decision highlights the separation of powers between the courts and the government. The court has set boundaries, making it clear that certain decisions are outside their control.