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Madras High CourtWP/7224/2024closed

Seetha v. The State Represented By Its

2024-04-01Honourable Mr Justice M.S. Ramesh,Honourable Mr Justice Sunder Mohan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.04.2024 CORAM :

THE HONOURABLE MR. JUSTICE M.S.RAMESH AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN and W.M.P.No.8461 of 2024 Seetha

...Petitioner

vs.

The State represented by its, 1.The Secretary to Government of Tamilnadu, Department of Home, Fort St. George, Chennai-600 009.

2.The Deputy Inspector General of Prison, Coimbatore Range, Coimbatore-641 018.

3.The Superintendent, Coimbatore Central Prison, Coimbatore-641 018.

...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 pertaining to the impugned order bearing No.2624/Tha.Ku.3/2023, dated 23.02.2024 passed by the third respondent and quash the same and consecutively direct the respondents 1 and 2 to grant emergency leave for 15 days without escort to the detenue, Tamilselvan, S/o.Kamaraj, aged about 33 years, bearing Convict No.22332 confined at Central Prison, Coimbatore.

For Petitioner :

Mr.P.Bakiyaraj 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.) This Writ Petition has been filed seeking to call for records of the impugned proceedings of the third respondent and direct the respondents 1 and 2 to grant emergency leave for 15 days, without escort, to the detenue,

Tamilselvan, S/o.Kamaraj, aged about 33 years, bearing Convict No.22332 confined at Central Prison, Coimbatore.

2. Heard the learned counsel on either side and perused the documents.

3. The reason assigned by the petitioner seeking ordinary leave for her husband is owing to the medical illness of her mother-in-law.

4. The Probation Officer, in his report dated 27.03.2024, stated that on enquiry, it was found that the prisoner's mother is not in a critical condition and she does not have any medical ailment and therefore, has not recommended for grant of any leave.

5. In view of the report of the Probation Officer, we are not inclined to consider the prayer sought for in the present petition.

M.S.RAMESH, J and SUNDER MOHAN, J Anu

6. Accordingly, the Writ Petition stands closed. Consequently, the connected miscellaneous petition is closed.

(M.S.R.,J.) (S.M.,J.) 01.04.2024 Anu To 1.The Secretary to Government of Tamilnadu, Department of Home, Fort St. George, Chennai-600 009.

2.The Deputy Inspector General of Prison, Coimbatore Range, Coimbatore-641 018.

3.The Superintendent, Coimbatore Central Prison, Coimbatore-641 018.

4. The Public Prosecutor, High Court, Madras.

and W.M.P.No.8461 of 2024