Mini v. The State Represented By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.01.2024 CORAM :

THE HONOURABLE MR. JUSTICE M.S.RAMESH AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN Mini ... Petitioner Vs.

The State, rep.by its

1. The Deputy Inspector of General of Prison, Coimbatore Zone, Coimbatore.

2. The Superintendent, Central Prison, Coimbatore.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to grant 30 days of ordinary leave without escort to the detenue, Bhaskar, S/o. Ramasamy, aged about 40 years bearing Convict No.24417 at Central Prison, Coimbatore.

For Petitioner :

Mr.P. Bakiyaraj For Respondents :

Mr.E.Raj Thilak Additional Public Prosecutor

O R D E R

(Order of the Court was made by M.S.RAMESH, J.) The petitioner, who is the wife of the convict prisoner namely Bhaskar, Son of Ramasamy, now confined in the Central Prison, Coimbatore, has come forward with this writ petition to direct the respondents to grant 30 days of ordinary leave without escort to the detenue.

2. The case of the petitioner is that her husband is a life convict prisoner, bearing Convict No.24417, who was convicted for the offences under Sections 120(b) and 302 IPC and sentenced to undergo life imprisonment by the learned Sessions Judge at Nagercoil in S.C. No.1/2011 dated 10.04.2017 and has been serving the sentence in the prison for the last 7 years. The petitioner is now living with her aged in-laws along with her female child aged about 10 years in a poor condition and she needs her husband's presence for making arrangements for livelihood of her family. Hence, On 04.12.2023, she submitted a representation to the respondents through the registered post requesting the respondents to grant leave to her husband. Since the same has not been considered till date, she has come forward with this writ petition.

3.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. 4.Having regard to the limited scope of the prayer in the writ petition, this Court, without going into the merits of the petitioner's representation or the contentions of the petitioner in the affidavit filed in support of this writ petition, directs the 1st respondent to consider the representation of the petitioner, dated 04.12.2023 and pass appropriate orders on merits and in accordance with law, within a period of two weeks from the date of receipt of a copy of this order, and communicate the same to the petitioner. 5.With the above direction, this writ petition is disposed of. No costs. [M.S.R., J] [S.M., J] 10.01.2024 bga Internet : Yes Index : Yes / No

M.S.RAMESH , J.

and SUNDER MOHAN, J.

bga To

1. The Deputy Inspector of General of Prison, Coimbatore Zone, Coimbatore.

2. The Superintendent, Central Prison, Coimbatore.

10.01.2024