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Madras High CourtWP/15169/2024dismissed

Kashthuri v. The State Represented By Its

2024-07-10Honourable Mr Justice M.S. Ramesh,Honourable Mr Justice Sunder Mohan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.07.2024

CORAM:

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

...Petitioner/Wife of the detenu

vs.

The State represented by its,

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

2.The Deputy Inspector General of Prison, Coimbatore Range, Coimbatore - 641 018.

3. The Superintendent Central Prison, Coimbatore - 641 018.

...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 30 days ordinary leave, without escort to the detenu, Elavarasan, S/o.Kolappandiponnusamy, aged about 30 years, bearing Convict No.22835 confined at Central Prison, Coimbatore.

For Petitioner ::

Mr.P.Bakiyaraj For Respondents ::

Mr.A.Gokulakrishnan Additional Public Prosecutor

ORDER

M.S.RAMESH,J.

and SUNDER MOHAN,J.

This writ petition has been filed to direct the respondents to grant 30 days ordinary leave without escort to the petitioner namely Elavarasan, S/o.Kolappandiponnusamy, aged about 30 years, bearing Convict No.22835, confined at Central Prison, Coimbatore..

2. The prisoner was recently granted leave through orders of this Court passed in W.P.No.32360 of 2023 dated 13.12.2023 for a period of 21 days i.e.,from 18.12.2023 to 07.01.2024.

3. In view of the earlier leave granted, it would be illegal for the prisoner to seek any further leave since one year has not lapsed as mandated under Rule 22(3) of the Tamil Nadu Suspension of Sentence Rules, 1982. Hence, this Writ Petition stands dismissed accordingly. (M.S.R.,J.) (S.M.,J.) 10.07.2024 Speaking / Non-Speaking Order dk Copy to:-

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

2.The Deputy Inspector General of Prison, Coimbatore Range, Coimbatore - 641 018.

3. The Superintendent Central Prison, Coimbatore - 641 018.

.

4.The Public Prosecutor, High Court, Madras.

M.S.RAMESH,J.

AND SUNDER MOHAN,J.

dk 10.07.2024