Lakshmi v. The Home Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.02.2025 CORAM :

THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE N. SENTHILKUMAR Lakshmi ... Petitioner Vs.

1.The Home Secretary, Home Department (Prison), Secretariat, Fort St.George, Chennai - 600 009.

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

3.The Superintendent of Prison, Central Prison, Salem.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the 3rd respondent to grant 6 days emergency leave without escort, to the petitioner's husband Mohan, S/o.Ramasamy, (Convict No.1079, PID No.185688) confined at Central Prison, Salem.

For Petitioner : Mr.P.M.Basil For Respondent : Mr.R.Muniyapparaj, Additional Public Prosecutor assisted by Mr.M.Sylvester John

ORDER

(Order of the Court was made by M.S.RAMESH, J.) Since the petitioner's husband has a criminal case pending trial against him, Rule 35 of the Tamil Nadu Suspension of Sentence Rules creates an embargo for the jail authority to grant ordinary leave to the prisoner.

2. In view of the above and also by taking into account that the petitioner's husband was recently granted ordinary leave in the month of November 2024, we are not inclined to consider the prayer sought for in this petition.

3. Accordingly, the Writ Petition stands dismissed. No costs. [M.S.R, J.] [N.S, J.] 05.02.2025 Index: Yes/No Speaking order/Non-speaking order Sni

To 1.The Home Secretary, Home Department (Prison), Secretariat, Fort St.George, Chennai - 600 009.

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

3.The Superintendent of Prison, Central Prison, Salem.

M.S.RAMESH, J.

and N. SENTHILKUMAR, J.

Sni 05.02.2025