Juliet Christinal v. The State Rep By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.07.2024 CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN Juliet Christinal ... Petitioner/mother of the detenue Vs.
1.The State represented by its The Deputy Inspector General of Prison, Gandhi Irwin Road, Egmore, Chennai-600 008.
2.The Superintendent, Puzhal Central Prison-I, Puzhal-600 066.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, to direct the respondents to grant ordinary leave for 30 days without escort to the detenue, Solomon, S/o.Joseph Rajkumar aged about 34 years bearing Convict No.6382 confined at Central Prison, Puzhal.
For Petitioner : Ms.S.Sadhana For Respondents : Mr.A.Gokulakrishnan Additional Public Prosecutor
ORDER
M.S.RAMESH, J.
and SUNDER MOHAN, J.
This petition has been filed seeking a Writ of Mandamus to direct the respondents to grant ordinary leave for a period of 30 days without escort for the petitioner's son viz., Solomon, S/o.Joseph Rajkumar aged about 34 years, bearing Convict No.6382 confined at Central Prison, Puzhal, who was convicted for the offences under Section 302 r/w 149 r/w 120 B IPC and was sentenced to undergo life imprisonment by the Principal Sessions Sessions Court, Chennai in S.C.No.73 of 2009 dated 13.07.2016. Challenging the order of conviction, the petitioner preferred an appeal and the same came to be dismissed in Crl.A.No.693 of 2016 dated 24.04.2017.
2. The learned counsel for the petitioner submitted that the petitioner's son/convict prisoner has undergone 8 years, 1 month and 14 days of imprisonment, including the remand set off period and that she seeks for ordinary leave for her son to arrange funds for her medical expenses as she has certain medical ailments and to make arrangements for the livelihood of their family.
3. The Probation Officer, in his report dated 10.07.2024, has stated that the reasons assigned by the petitioner for grant of leave is true and he has recommended for grant of ordinary leave to the petitioner's son.
4. In view of the favourable recommendation of the Probation Officer, we are inclined to invoke our powers under Article 226 of the Constitution of India, thereby granting required leave to the convict prisoner.
5. At this juncture, learned Additional Public Prosecutor submitted that the convict prisoner is otherwise eligible to avail 28 days of ordinary
leave.
6. Accordingly, the convict prisoner viz., Solomon, S/o.Joseph Rajkumar aged about 34 years, bearing Convict No.6382 confined at Central Prison, Puzhal, is hereby granted ordinary leave for a period of 28 days, without escort commencing from 22.07.2024 on the following conditions.
(i) Respondents are directed to release the Convict Prisoner viz., Solomon, S/o.Joseph Rajkumar aged about 34 years, on Ordinary Leave for a period of 28 days i.e., from 22.07.2024 to 18.08.2024.
(ii) The Convict Prisoner shall be released on 22.07.2024 at 10.00 am and surrender before the Superintendent of Prison, Central Prison, Puzhal-I, Chennai, on 18.08.2024 at 05.30 p.m.
(iii) The Convict Prisoner is directed to report before the Inspector of Police, S9, Palavanthangal Police Station, daily at 05.00 pm, during the period of leave.
(iv) The Convict Prisoner shall utilize the leave only for the ground on which it has been granted and shall not indulge in any other activities.
7. Accordingly, the writ petition stands allowed. No Costs. [M.S.R., J] [S.M., J] 16.07.2024 Speaking/Non-speaking order Index: Yes/No Anu Note: Issue Order Copy on 19.07.2024 To 1.The Deputy Inspector General of Prison, Gandhi Irwin Road, Egmore, Chennai-600 008.
2.The Superintendent, Puzhal Central Prison-I, Puzhal-600 066.
3.The Inspector of Police, S9 Palavanthangal police Station.
4.The Public Prosecutor, High Court, Madras.
M.S.RAMESH, J.
and SUNDER MOHAN, J.
Anu 16.07.2024