G.Ramya v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 15.02.2024 CORAM :

THE HONOURABLE MR. JUSTICE M.S.RAMESH AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN G. Ramya

...Petitioner/Daughter of the detenu

Vs.

1. The State of Tamil Nadu Represented by The Additional Cheif Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai 600 009.

2. The Superintendent of Prison, Central Prison, Vellore-2 ... Respondents Prayer :- Writ Petition filed under Section 226 of the Constitution of India praying to issue a writ of Mandamus directing the respondents to consider the representation of the petitioner dated 05.02.2024 and to extend the leave for 30 days from 15.02.2024 to the petitioner's father Gunasekar @ Sekar, Son of Sachidanandham, Life Convict, Ct.No.21210, confined in Central Prison, Vellore (now on leave).

For Petitioner : Mr. P. Pugalenthi For Respondents : Mr.E. Raj Thilak Additional Public Prosecutor Assisted by Mr. Aravind, C.

O R D E R

(Order of the Court was delivered by M.S.RAMESH, J.) Through an earlier order dated 29.01.2024 in W.P. No.35508 of 2023, this Court, taking into consideration the submission of the respondents that they are likely to pass final orders in the petitioner's request for grant of premature release, had granted ordinary leave to the life convict prisoner till 15.02.2024. In the present Writ Petition, she seeks for extension of leave.

2. The learned Additional Public Prosecutor submitted that the petitioner's representation is still under consideration and the same is now in the final stage.

3. In the light of the submission made and by taking into account that the petitioner's father has completed more than 14 years of incarceration, we are inclined to extend the leave for a further period of 15 days.

4. Accordingly, leave is extended for a further period of 15 days to the petitioner's father Gunasekar @ Sekar, S/o. Sachidanandham, Life Convict, Ct.No.21210, commencing from 15.02.2024 to 29.02.2024 on the following

conditions:

(1)The life convict prisoner need not surrender before the 2nd respondent herein on 15.02.2024.

(2)During the period of leave, the life convict prisoner is directed to report before the Inspector of Police, Gudiyatham Police Station, Vellore District, twice a week, i.e., every Monday and Thursday daily at 10:30 a.m. (3)After expiry of the ordinary leave, the life convict prisoner shall surrender before the 2nd respondent herein, on 29.02.2024 before 05:00 p.m. (4)The life convict prisoner shall utilise the leave only for the purpose for which it has been granted and shall not indulge in any other activities.

4. With the above directions, the Writ Petition stands partly allowed. No costs.

(M.S.R., J.) (S.M., J.) 15.02.2024 bga Internet : Yes Index : Yes / No Note to office:

Issue order copy by 15.02.2024 Upload the order forthwith

To

1. The State of Tamil Nadu Represented by The Additional Cheif Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai 600 009.

2. The Superintendent of Prison, Central Prison, Vellore-2

3. The Public Prosecutor High Court, Madras.

Copy to:- The Inspector of Police, Gudiyatham Police Station, Vellore

M.S.RAMESH , J.

and SUNDER MOHAN, J.

bga Dated: 15.02.2024