V.Anitha v. The State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.04.2024 CORAM :

THE HON'BLE MR. JUSTICE M.S.RAMESH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN V.Anitha

...Petitioner/wife of the detenu

vs.

1.The State represented by its, The Deputy Inspector General of Prison, Gandhi Irvin Road, Egmore, Chennai-600 008.

2.The Superintendent, Puzhal Central Prison, Puzhal-600 066.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents to grant ordinary leave for 30 days without escort to the detenue, Vinobaji, S/o.Ambariswarar, aged about 41 years, bearing Convict No.9334 confined at Central Prison, Puzhal.

For Petitioner :

Ms.S.Sadhana For Respondents :

Mr.E.Raj Thilak Additional Public Prosecutor assisted by C.Aravind

ORDER

(Order of the Court was made by M.S.RAMESH,J.) The prayer in the present writ petition is for grant of ordinary leave for 30 days for the petitioner's husband viz., Vinobaji, S/o.Ambariswarar, aged about 41 years, bearing Convict No.9334 confined at Central Prison, Puzhal.

2. The learned Additional Public Prosecutor produced the Probation Officer's report dated 12.04.2024, in which it is stated that the reason cited by the petitioner, that the father of the prisoner has medical ailments and the presence of the prisoner would help his father recover from the ailment, and the reason that the petitioner requires the presence of her husband to arrange funds for educational aid for their children, are true.

3. In view of the favourbale report of the Probation Officer, dated 12.04.2024, and also by taking note of the fact that the Convict Prisoner is eligible for grant of ordinary leave for 21 days, we are inclined to allow the writ petition.

4. Therefore, in exercise of our powers, we permit the petitioner's wife / prisoner i.e., Vinobaji, S/o.Ambariswarar, aged about 41 years, bearing Convict No.9334 confined at Central Prison, Puzhal, to avail Ordinary Leave for a period of 21 days. Hence, the leave is granted on the following terms.

i) Respondents are directed to release the Convict Prisoner viz., Vinobaji, S/o.Ambariswarar, aged about 41 years, bearing Convict No.9334 confined at Central Prison, Puzhal, on Ordinary Leave for a period of 21 days i.e., from 18.04.2024 to 08.05.2024.

(ii) The Convict Prisoner shall be released on 18.04.2024 at 10.00 am and surrender before the

Superintendent of Prison, Puzhal Central Prison, Puzhal, on 08.05.2024 at 05.30 p.m.

(iii) The Convict Prisoner is directed to report before the Inspector of Police, H6, R.K Nagar Police Station, Chennai, twice a week i.e., on every Monday and Thursday at 05.00 pm, during the period of leave.

(iv) The Convict Prisoner shall utilize the leave only for the ground on which it has been granted and shall not indulge in any other activities.

5. The writ petition stands allowed. No costs. (M.S.R.,J.) (S.M.,J.) 15.04.2024 Note to Registry:

1.Issue order copy by 17.04.2024.

2.Upload the order copy forthwith.

Anu

Copy to:

1.The Deputy Inspector General of Prison, Gandhi Irvin Road, Egmore, Chennai-600 008.

2.The Superintendent, Puzhal Central Prison, Puzhal-600 066.

3.The Inspector of Police, H6, R.K Nagar Police Station, Chennai 4.The Public Prosecutor, High Court, Madras.

M.S.RAMESH,J.

AND SUNDER MOHAN,J.

Anu 15.04.2024