Sonia v. State Of Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 13.03.2024 CORAM :

THE HONOURABLE MR. JUSTICE M.S.RAMESH AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN Sonia ... Petitioner Vs.

1.State represented by its The Deputy Inspector General of Prison, Vellore Zone, Thorapadi, Vellore District.

2. The Superintendent, Vellore Central Prison, Vellore-II, Vellore District.

... Respondents Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus, directing the respondent to grant ordinary leave for 21 days (17.03.2024) (without police escort) by considering the petitioner's representation dated 18.01.2024 to the convicted prisoner Selvamani, Son of Selvaraj,Convict No.1176, Central Prison, Vellore. 1/6

For petitioner : Mr. R. Sankarasubbu 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 22.02.2024, passed in W.P. No. 4353 of 2024, we had granted 21 days of ordinary leave to the convict Prisoner, namely, Selvamani, S/o. Selvaraj, Convict No.1176,without escort, for the period from 26.02.2024 to 17.03.2024, with a condition that he should appear before the concerned jurisdictional police daily at 10.30. a.m.

2. In the present Writ Petition, the petitioner seeks for a direction to the respondent to consider her representation dated 18.01.2024 to extend the ordinary leave to her husband/ convict prisoner, for a further period of 21 days from 18.03.2024.

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3. Learned Additional Public Prosecutor submitted that, pursuant to the earlier order, the prisoner has been reporting regularly before the Vaniyampadi Police Station daily at 10.30 a.m.

4. The reason assigned by the petitioner for extension of leave to her husband is that the construction of her house is at midway and she needs his presence for a further time to complete the construction.

5. Under Rule 22(2)(b) of the Tamil Nadu Suspension of Sentence Rules, 1982, the prisoner shall be entitled for ordinary leave for a period of 21 days during the 4th and 5th years of imprisonment and not exceeding 28 days during the rest of the term of imprisonment. In the instant case, the prisoner has been sentenced to 7 years of imprisonment and therefore, in terms of Rule 22 (2) (b) of the Tamil Nadu Suspension of Sentence Rules, 1982, he would be entitled to a total number of 28 days of ordinary leave. Since he has already been granted ordinary leave for a period of 21 days, he would still be eligible for seven more days.

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6. Accordingly, the convict prisoner namely, Selvamani, S/o. Selvaraj, Convict No.1176, is granted ordinary leave, without escort, for a period commencing from 18.03.2024 to 24.03.2024. During the period of this ordinary leave, the convict prisoner shall report before the Vanniyampadi Town Police Station, Thirupathur District, daily at 10.30 a.m. On expiry of the ordinary leave, the convict prisoner shall surrender before the jail authorities by 5.00 p.m. on 25.03.2024.

7. With the above directions, the Writ Petition stands partly allowed. [M.S.R., J] [S.M., J] 13.03.2024 bga Index : Yes / No Note to office : Issue Order Copy on 15.03.2024 Upload the order copy forthwith To 1.The Deputy Inspector General of Prison, Vellore Zone, Thorapadi, Vellore District.

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2. The Superintendent, Vellore Central Prison, Vellore-II, Vellore District. 5/6

M.S.RAMESH , J.

and SUNDER MOHAN, J.

bga 13.03.2024 6/6