Vanitha v. The State Represented By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.04.2024 CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN Vanitha ... Petitioner Vs.
1.The State rep. 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 Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the respondents to grant ordinary leave for 30 days without escort to the detenu, Sethupathi, S/o.Balaji, aged about 26 years, bearing Convict No.8851, confined at Central Prison, Puzhal.
For Petitioner : Ms.S.Sadhana For Respondents : Mr.E.Raj Thilak, Additional Public Prosecutor assisted by Mr.C.Aravind
ORDER
M.S.RAMESH, J.
AND SUNDER MOHAN , J.
On the ground that the petitioner requires the presence of her second son/convict prisoner for making financial arrangements for her medical treatment, she sought leave for her son. The convict prisoner was convicted for the offence under Section 366(A) IPC r/w. Sections 6 & 10 of POCSO Act and was sentenced to undergo 7 years of imprisonment by the learned Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Chennai, in Spl.S.C.No.301 of 2018 dated 21.03.2022. The petitioner had given a representation on 02.03.2024, seeking leave for her son. Since the same has not been considered till date, the petitioner has filed the present Writ Petition.
2. The learned counsel for the petitioner submitted that the convict prisoner has served more than two years in prison without any leave.
3. The learned Additional Public Prosecutor has produced a report of the Probation Officer dated 20.04.2024, which is in favour of the prisoner and the Probation Officer has no objection in granting leave to the prisoner with escort.
4. By taking into consideration the reason assigned by the petitioner in the affidavit filed in support of this Writ Petition, as well as the report of the Probation Officer dated 20.04.2024, we are inclined to grant 21 days of ordinary to the petitioner's son/convict prisoner.
5. Accordingly, the convict prisoner namely Sethupathi, S/o.Balaji, aged about 26 years, Convict No.8851, shall be granted 21 days ordinary leave "without escort" commencing from 29.04.2024 to 19.05.2024, with a condition that he shall report before the jurisdictional Police i.e. H-4, Korrukkupet Police Station, Chennai, twice a week on Tuesdays and
Fridays at 10.30 am. After expiry of the Ordinary Leave, the convict prisoner shall surrender before the Jail Authority on 20.05.2024 before 10.00 a.m. The prisoner shall utilize the leave only for the purpose for which it has been granted and shall not indulge in any other activities.
6. With the above direction, the Writ Petition stands allowed. No costs.
[M.S.R., J] [S.M., J] 25.04.2024 Index: Yes/No Speaking/Non-speaking order Internet: Yes/No Sni Note: Issue Order Copy on 26.04.2024
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 Public Prosecutor, High Court, Madras.
M.S.RAMESH, J.
and SUNDER MOHAN, J.
Sni 25.04.2024