A.Rani v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.02.2024 CORAM :
THE HONOURABLE MR. JUSTICE M.S.RAMESH AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN A.Rani
...Petitioner/wife of the detenue
vs.
1.The State of Tamil Nadu Rep. by the Secretary, Department of Home, Fort St.George, Chennai-600009.
2.The Inspector General of Prisons, Egmore, Chennai-600008.
3.The Superintendent of Prison, Central Prison, Cuddalore, Cuddalore District.
...Respondents
Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, to call for the records in No.21137/jF2/2023, dated 28.11.2023 on the file of the Superintendent of Prison, Central Prison, Cuddalore and quash the same as illegal and directing the respondents to grant 21 days leave to petitioner's husband Aruldoss, S/o.Ponnusamy, life convict now confined at Central Prison, Cuddalore.
For Petitioner :
Mr.R.Sankarasubbu For Respondents :
Mr.E.Raj Thilak Additional Public Prosecutor Assisted by Mr.C.Aravind
ORDER
(Order of the Court was made by M.S.RAMESH, J.) The petitioner herein is the wife of the life convict viz., Aruldoss, S/o.Ponnusamy, confined at Central Prison, Cuddalore, seeks for grant of 21 days ordinary leave on the ground that she has certain medical ailments for which funds requires to be arranged by her husband.
2. Heard the learned counsel on either side and perused the documents.
3. In the report of the Probation Officer, dated 23.02.2024, it is stated that the reason assigned by the petitioner seeking for leave, is genuine. However, the jurisdictional police have not recommended the petitioner's case favourably. Despite this, we are of the view that since the reason on which the leave sought for is genuine, the life convict shall be granted ordinary leave for 21 days.
4. In the light of the above observations, we allow this Writ Petition and permit the petitioner's husband / convict prisoner i.e., Aruldoss, S/o.Ponnusamy, confined at Central Prison, Cuddalore, to avail ordinary leave for a period of 21 days without escort, on the following conditions. (i) Respondents are directed to release the Convict Prisoner viz., Aruldoss, S/o.Ponnusamy, confined at Central Prison, Cuddalore, on Ordinary Leave for a period of 21 days commencing from 01.03.2024 to 21.03.2024.
(ii) The Convict Prisoner shall be released on 01.03.2024 at 10.00 am and surrender before the Superintendent of Prison, Central Prison, Cuddalore, on 21.03.2024 at 05.30 p.m.
(iii) The Convict Prisoner shall reside at Chennai and report before the G3 Kilpauk Police Station, Chennai, twice a week i.e., on every Monday and Thursday at 05.00 pm, during the period of leave.
(iv) The Convict Prisoner shall utilize the leave only for the ground on which it has been granted and shall not indulge in any other activities.
5. With the above directions, the writ petition stands allowed. (M.S.R.,J.) (S.M.,J.) 28.02.2024 Note to Registry:
1.Issue order copy by 29.02.2023.
2.Upload the order copy forthwith.
Anu
To 1.The State of Tamil Nadu Rep. by the Secretary, Department of Home, Fort St.George, Chennai-600009.
2.The Inspector General of Prisons, Egmore, Chennai-600008.
3.The Superintendent of Prison, Central Prison, Cuddalore, Cuddalore District.
4.The Inspector of Police, G3 Kilpauk Police Station, Chennai.
5. The Public Prosecutor, High Court, Madras.
M.S.RAMESH, J and SUNDER MOHAN, J Anu 28.02.2024