Vembu v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 05.07.2021

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE MR.JUSTICE R.PONGIAPPAN W.P.NO.8753 OF 2021 Vembu ... Petitioner Vs.

The State rep. by its

1. The Secretary to Government of Tamil Nadu, Home Department, Fort St. George, Chennai-9

2. The Deputy Inspector General of Prison, Coimbatore Zone (Central prison), Coimbatore.

3. The Superintendent, Central Prison, Coimbatore.

... Respondents Prayer:- Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus, directing the respondents to grant ordinary leave of one month without escort from 20.12.2020 to the detenu Ganesan, S/o.Palani (convict No.14013) detained at Central Prison, Coimbatore. For Petitioner : Ms.S.G.Vedha Priyadharshini For Respondents : Mr.R.Muniyapparaj Govt. Advocate (Crl.Side)

O R D E R

[Order of the Court was made by P.N.PRAKASH, J.] This petition has been filed seeking a direction to the respondents to grant ordinary leave of one month without escort from 20.12.2020 to the detenu Ganesan, S/o.Palani (convict No.14013) detained at Central Prison, Coimbatore. https://hcservices.ecourts.gov.in/hcservices/

2. Today, when this matter was taken up for hearing, the learned Government Advocate (Crl. Side) submitted that the leave application of the convict viz., Ganesan (Convict No.14013) was considered by the prison authorities and by order dated 02.01.2020, he has been granted 30 days ordinary leave, with a condition that he should furnish a bond for Rs.500/- with two sureties, which he has not been complied with so far. He further submitted that a copy of the said order has also been served on the petitioner as well on the convict prisoner. That apart, he submitted that he will serve a copy of the said order on the learned counsel for the petitioner by e-mail.

3. In such view of the matter, it is open to the petitioner to avail of the leave by furnishing sureties by complying with the order dated 02.01.2020. Recording the same, this Writ Petition is closed. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar gya To

1. The Secretary to Government of Tamil Nadu, Home Department, Fort St. George, Chennai-9

2. The Deputy Inspector General of Prison, Coimbatore Zone (Central prison), Coimbatore.

3. The Superintendent, Central Prison, Coimbatore

4. The Public Prosecutor, High Court, Madras W.P.NO.8753 OF 2021 PCH(CO) PBS(28/07/2021) https://hcservices.ecourts.gov.in/hcservices/