Devi, F/A 25 Yrs, v. The State Of Tamilnadu,
In the High Court of Judicature at Madras Dated : 09.6.2017 Coram :
The Honourable Mr.Justice NOOTY.RAMAMOHANA RAO and The Honourable Mr.Justice S.M.SUBRAMANIAM Habeas Corpus Petition No.815 of 2017 Devi
...Petitioner
Vs 1.The State of Tamil Nadu, rep. by its Secretary to Government, Home, Prohibition and Excise Department, Fort.St.George, Chennai-9.
2.The Deputy Inspector General of Prison, Tamil Nadu Prison Department, No.6, Venels Road, Egmore, Chennai-8.
3.The Superintendent of Prison, Central Prison-I, Puzhal, Chennai.
...Respondents
PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Habeas Corpus and grant parole from 01.6.2017 to 15.6.2017 to the petitioner's husband Murugan, S/O Rangasamy, M/A 33 years, who has been convicted by the learned Fifth Additional Sessions Judge at Chennai in S.C.No.135 of 2014 dated 09.12.2016 convicting the detenu for the offence under Section 364(A) read with 149 of the Indian Penal Code to undergo imprisonment for life and presently lodged in Central Prison-I, Puzhal at Chennai as a life convict. For Petitioner :
Mr.M.Rajavelu For Respondents :
Mr.V.M.R.Rajentren, Additional Public Prosecutor
ORDER
(Order of the Court was made by NOOTY.RAMAMOHANA RAO,J) This petition is instituted by the wife of a convict prisoner by name Murugan, S/O Rangasamy (life convict prisoner No.6514), who is now lodged in Central Prison-I, Puzhal, Chennai, seeking leave on emergency grounds for a period of 15 days.
2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor.
3. The Superintendent of Central Prison filed a counter affidavit bringing that though, as per Rule 6 of the Tamil Nadu Suspension of Sentence Rules, 1982, emergency leave can be granted for attending to the serious illness of a son or a daughter of a convict prisoner, but however, as per Rule 13 of the same Rules, no such spell of emergency leave can exceed a maximum of 6 days. Since the writ petitioner sought for emergency leave for 15 days, her request was rejected.
4. After hearing the learned counsel for the petitioner as well as the learned Additional Public Prosecutor and after considering Rules 6 and 13 of the said Rules, we are clearly of the opinion that the said Rules enable grant of leave to a convicted prisoner for a maximum period of 15 days in a year. But however, Rule 13 has set out that any such absence of leave in a single spell cannot be for more than 6 days. We feel that the said Rule is framed for ensuring that the convicted prisoners may not exhaust the entire duration of emergency leave at one go or alternatively would also ensure that under no circumstances, the permission to avail the emergency leave will not be misused or abused.
5. In view of the above finding, we are of the opinion that since the young daughter of the convict prisoner and the writ petitioner is advised to undergo surgical correction for tonsillitis, we consider it appropriate that the request of the writ petitioner for granting leave on emergency basis to her convicted husband deserves to be considered.
6. Accordingly, the above habeas corpus petition stands allowed and the convict prisoner by name S.Murugan, S/O Rangasamy (life convict prisoner No.6514), presently lodged at Central Prison-I, Puzhal, Chennai shall be released for a period of five days commencing from 10.6.2017 to be re-lodged before 5 PM on 14.6.2017, subject to other usual undertakings to be furnished by the convict to the Superintendent of Prison and
also, if necessary, by the writ petitioner and also subject to one Police Constable escorting him.
-s/dAssistant Registrar(CCC) True Copy Sub-Assistant Registrar To 1.The Secretary to Government of Tamil Nadu, Home, Prohibition and Excise Department, Fort.St.George, Chennai-9.
2.The Deputy Inspector General of Prison, Tamil Nadu Prison Department, No.6, Venels Road, Egmore, Chennai-8.
3.The Superintendent of Prison, Central Prison-I, Puzhal, Chennai.
4.The V Additional Sessions Judge, 5.The Additional Public Prosecutor, High Court, Madras.
+1 cc to Mr.M.Rajavelu Advocate sr 41023 HCP.No.815 of 2017 ev(co) aa09/06/2017