Rahmathulla Khan v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04-04-2025
CORAM
THE HONOURABLE MR JUSTICE M.S. RAMESH AND THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR in W.P.No.30523 of 2024 Rahmathulla Khan S/o.Jalaludeen, No.19, Santhai Gnaniyarappa Nagar, 7th Street, Melpalayam, Tirunelveli-627 005, Tirunelveli District.
Petitioner(s) Vs
1. The State Of Tamil Nadu Rep. By Its Secretary, Home Department, Fort St. George, Chennai600 009.
2.The Superintendent Of Central Prison, Central Prison Palayamkottai, Tirunelveli District.
Respondent(s)
For Petitioner(s):
R.Sankarasubbu For Respondent(s):
Mr.A.Gokulakrishnan Additional Public Proseuctor
ORDER
(Order of the Court was made by M.S.Ramesh J.) This writ miscellaneous petition has been filed to direct the first respondent to grant extension of ordinary leave for three months commencing from 10.04.2025, pending disposal of the Writ Petition.
2. The second respondent herein vide order dated 13.01.2025 in No.7369/Tha.Ku.2/2024 had granted ordinary leave for a period of three months to the petitioner / convict prisoner from 08.01.2025 till 09.04.2025.
3. Learned counsel for the petitioner submitted that this Court vide order dated 20.02.2025 had modified the conditions imposed by the second respondent while granting ordinary leave to report before the Inspector of Police, Melapalayam, on the first working day of every month.
4. The learned Additional Public Prosecutor submitted that the premature release process was on its last limb based on the orders passed by the Hon'ble Supreme Court in the case of Sikkander vs. The State and others, Special Leave to Appeal (Crl.) No.12784 of 2022 and further orders have not been so
far passed.
5. Taking into account that the premature release process is still on its last limb, we are inclined to extend the period of ordinary leave for further period of three months on the same conditions imposed in No.7369/Tha.Ku.2/2024, except the condition insofar as the appearance of the petitioner is concerned, the petitioner is directed to appear before the Inspector of Police, Melapalayam, on the first working day of every month as per the order of this Court dated 20.02.2025. Accordingly, this petition is allowed, by extending the ordinary leave for a period of three months from 10.04.2025 till 10.07.2025.
4. Call the matter on 04.07.2025.
(M.S.RAMESH J.) (N.SENTHILKUMAR J.) 04-04-2025 Anu To 1.Secretary, Home Department, Fort St.
George, Chennai-600 009.
2.The Superintendent Of Central Prison, Central Prison Palayamkottai, Tirunelveli District.
3.The Inspector of Police, Melapalayam 4.The Public Prosecutor, Madras High Court.
N.SENTHILKUMAR J.
in W.P.No.30523 of 2024 04-04-2025