Jothi 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 Jothi ... 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, 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, Selvam @ Anthony @ Joseph, S/o.Mani, aged about 40 years, bearing Convict No.8175, 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., Selvam @ Anthony @ Joseph, S/o.Mani, aged about 40 years, bearing Convict No.8175, confined at Central Prison, Puzhal, who was convicted for the offences under Section 6(1)(b) of Immoral Traffic (Prevention) Act and was sentenced to undergo rigorous imprisonment for 7 years; under Section 376 IPC and was sentenced to undergo rigorous imprisonment for 7 years by the Special Court for Exclusive Trial of Cases under POCSO Act, 2012, Chennai in S.C.No.286 of 2014 dated 13.10.2020. Challenging the order of conviction, the petitioner preferred an appeal in Crl.A.No.206 of 2020 and this Court vide order dated 29.10.2021, confirmed the sentence and
conviction of the convict prisoner.
2. The learned counsel for the petitioner submitted that the petitioner's son/convict prisoner has undergone 3 years, 10 months and 5 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 02.05.2024, 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. Accordingly, the convict prisoner viz., Selvam @ Anthony @
Joseph, S/o.Mani, aged about 40 years, bearing Convict No.8175, confined at Central Prison, Puzhal, is hereby granted ordinary leave for a period of 15 days, without escort commencing from 22.07.2024 on the following conditions.
(i) Respondents are directed to release the Convict Prisoner viz., Selvam @ Anthony @ Joseph, S/o.Mani, on Ordinary Leave for a period of 15 days i.e., from 22.07.2024 to 05.08.2024.
(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, Chennai, on 05.08.2024 at 05.30 p.m.
(iii) The Convict Prisoner is directed to report before the Inspector of Police, H6 R.K Nagar 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.
8. 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, H6 R.K Nagar Police Station 4.The Public Prosecutor, High Court, Madras.
M.S.RAMESH, J.
and SUNDER MOHAN, J.
Anu
16.07.2024