Prabhavathi v. The State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 22.05.2024

CORAM

THE HONOURABLE MR. JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR. JUSTICE P.B.BALAJI Prabhavathi ..

Petitioner

Versus

1.The Secretary to Government of Tamil Nadu Home Department, Fort St George Chennai 600 009.

2.The Deputy Inspector General of Prison Chennai Range, Egmore, Chennai 600 008.

3.The Superintendent Central Prison Puzhal 600 066.

..

Respondents Prayer:- 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 detenu Muthaiyan, son of Chinnadurai, aged 42 years, convict No.8371, confined at Central Prison, Puzhal.

For Petitioner :

Mr.S.Manoharan For Respondents :

Mr.A.Damodaran Additional Public Prosecutor

ORDER

[Order of the Court was made by G.R.SWAMINATHAN, J.,] (1)Heard both sides.

(2)The petitioner's husband / detenu Muthaiyan [Convict No.8371] was convicted for the offence under Section 307 of IPC and was sentenced to undergo life imprisonment. The detenu is in incarceration since 17.03.2021. The petitioner seeks grant of ordinary leave for 30 days for her husband.

(3)Notice was ordered. Counter affidavit has been filed by the 3rd respondent. The Report of the Probation Officer is also in favour of the detenu.

(4)We therefore, direct the 2nd respondent, to grant twenty one days Ordinary leave to the petitioner's husband / detenu on the following terms:-

(a) The detenu Muthaiyan, S/o.Chinnadurai, aged 42 years [Convict No.8371], is granted Twenty One days Ordinary Leave without escort.

(b)The petitioner shall be released from the Central Prison on the date specifically approved by the Prison authorities by their order and he shall return back to the prison on the expiry of 21st day of the leave period.

(c) Since no escort is provided, the detenu Muthaiyan, S/o.Chinnadurai, aged 42 years, shall report before the Inspector of Police, Kanagamangalam Police Station, Tiruvallur District, daily at 10.00 a.m., during the leave period.

(5)The writ petition stands allowed.

[GRSJ] [PBBJ] 22.05.2024 AP Internet : Yes

To 1.The Secretary to Government of Tamil Nadu Home Department, Fort St George Chennai 600 009.

2.The Deputy Inspector General of Prison Chennai Range, Egmore, Chennai 600 008.

3.The Superintendent Central Prison Puzhal 600 066.

4.The Public Prosecutor High Court, Chennai.

G.R.SWAMINATHAN, J., and P.B.BALAJI, J., AP 22.05.2024