Sowndarya v. The State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.06.2021

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH and THE HONOURABLE MR.JUSTICE R.PONGIAPPAN W.P.No.12909 of 2021 Sowndarya, W/o.Ram Deebak

...Petitioner

versus 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 Zone (Central Prison),

3. The Superintendent, Central Prison,

...Respondents

Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents to grant ordinary leave for one month without escort to the detenu, Ram Deebak, S/o.Matheswaran, aged about 35 years, Convict No.15968 at Central Prison, Coimbatore. For Petitioner : M/s.S.Lakshmi For Respondents : Mr.R.Muniyapparaj Government Advocate [Crl. Side]

O R D E R

[Order of the Court was made by P.N.PRAKASH, J.] This petition has been filed seeking a direction to the respondents to grant ordinary leave for one month without escort

to the detenu, Ram Deebak (CT No.15968), who is detained in Central Prison, Coimbatore.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate [Crl. Side] appearing for the respondents.

3. It is the case of the petitioner that her husband Ram Deebak, is a Life Convict Prisoner (C.T.No.15968) and is undergoing sentence in Central Prison, Coimbatore. A leave application under the Tamil Nadu Suspension of Sentence Rules, 1982 was submitted to the authorities, which has not been considered. Hence, the present Writ Petition has been filed seeking the aforesaid relief.

4. Today, when the matter was taken up for hearing, the learned Government Advocate [Crl. Side], on instructions, submitted that, the leave application of the convict prisoner viz. Ram Deebak was considered by the Superintendent, Central Prison, Coimbatore (3rd respondent) and the same has been rejected, by order dated 18.05.2021, a copy of which has been served to the petitioner as well to the convict prisoner in prison. However, the learned Government Advocate [Crl. Side] submitted that he will serve a copy on the learned counsel for the petitioner also.

5. In view of the above, this Writ Petition is closed, with a liberty to the petitioner to challenge the order of dismissal in accordance with law, if so advised. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar sri 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 Zone (Central Prison),

3. The Superintendent, Central Prison,

4. The Public Prosecutor, High Court, Madras.

W.P.No.12909 of 2021 PMK[co] NSK 16/07/2021