Kothainayaki v. The Home Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.02.2025 CORAM :
THE HONOURABLE MR. JUSTICE M.S.RAMESH and THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR Kothainayaki ... Petitioner Vs.
1.The Home Secretary Home Department (Prison) Secretariat, Fort St. George Chennai 600 009 2.The Inspector General of Prisons Prison Head Quarters Egmore, Chennai 600 008 3.The Superintendent of Prison Central Prison - I Puzhal, Chennai 600 066 ... 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 21 days ordinary leave without escort, to the petitioner's husband Hemanth Kumar, S/o.Sundarrajan, CT No.8386, confined at Central Prison, Puzhal I, Chennai.
For Petitioner : Mr.P.M.Basil For Respondents : Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.M.Sylvester John
ORDER
M.S.RAMESH, J.
AND N.SENTHILKUMAR , J.
This Writ Petition has been filed for issuance of of Writ of Mandamus, Mandamus, directing the 3rd respondent to grant 21 days ordinary leave without escort, to the petitioner's husband Hemanth Kumar, S/o.Sundarrajan, CT No.8386, confined at Central Prison, Puzhal I, Chennai.
2. The learned counsel for the petitioner submitted that the petitioner is the wife of the life convict, a representation was sent to the respondents by the life convict seeking 21 days ordinary leave to the convict prisoner for making financial arrangement to the treatment of his mother and also to dispose of his property. His representation dated 14.11.2024 seeking ordinary leave for 21 days was rejected by the respondents on the ground the reasons assigned in the representation is
not genuine and also there is appeal pending in Crl.A.No.186 of 2021 against the prisoner. Hence, the present petition.
3. Learned Additional Public Prosecutor has produced a report of the Probation Officer dated 21.12.2024, wherein the probation officer has stated that the reason given in the petitioner's representation dated 14.11.2024 is not genuine. The Probation Officer has also stated that the prisoner did not furnish any medical report to show that his mother is suffering from any ailment. He has also stated that Crl.A.No.186 of 2021 is pending before the High Court, hence, he is not eligible for ordinary or emergency leave as per Tamil Nadu Suspension of Sentence Rule 1982 Rule No.2(4).
4. Though the Probation Officer has not recommended for grant of ordinary leave to the convict prisoner citing the Tamil Nadu Suspension of Sentence Rule 1982 Rule No.2(4), this Court will be justified in invoking its extraordinary powers under Article 226 of Constitution of India and direct the respondents to grant 21 days leave to the convict prisoner.
5. This Writ Petition stands allowed accordingly. There shall be a direction to the respondents herein, to grant 21 days ordinary leave "without escort"
to the life convict viz. Hemanth Kumar, S/o.Sundarajan, LCT No.8386, commencing from 08.03.2025 to 28.03.2025, with a condition that the life convict shall report before the Thazhambur Police Station, daily at 10.30 a.m. After expiry of the Ordinary Leave, the life convict shall surrender before the Jail Authorities on 29.03.2025 before 10.00 a.m. The prisoner shall utilize the leave only for the purpose for which it has been granted and shall not indulge in any other activities.
6. With the above direction, the Writ Petition stands allowed. No costs.
[M.S.R, J.] [N.S, J.] 28.02.2025 Index : Yes / No kas Note: Issue Order Copy on 07.03.2025
To.
1.The Home Secretary Home Department (Prison) Secretariat, Fort St. George Chennai 600 009 2.The Inspector General of Prisons Prison Head Quarters Egmore, Chennai 600 008 3.The Superintendent of Prison Central Prison - I Puzhal, Chennai 600 066 4.The Public Prosecutor High Court of Madras Chennai
M.S.RAMESH, J.
and N.SENTHILKUMAR, J.
kas 28.02.2025