Mallika v. The State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.07.2024 CORAM :

THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN Mallika ... Petitioner Vs.

1.The State represented by its The Deputy Inspector General of Prison Gandhi Irwin Road, Egmore Chennai 600 008 2.The Superintendent Puzhal 600 066 ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the respondents to grant ordinary leave for 30 days without escort to the detenu, Kotteeswaran, S/o.Thamizhselvan, aged about 25 years, bearing Convict No.9354, 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.

The petitioner in the above Writ Petition seeks for a direction to the respondents to grant ordinary leave for 30 days without escort to the detenu, Kotteeswaran, S/o.Thamizhselvan, aged about 25 years, bearing Convict No.9354, confined at Central Prison, Puzhal.

2.Admittedly, there are three criminal cases against the petitioner, which are pending trial in different Courts at Chennai and as per Rule No.35 of Tamil Nadu Suspension of Sentence Rules, 1982, a prisoner is ineligible to seek for leave when there are cases pending trial against him. This apart, the Probation Officer has also not recommended the petitioner's case for grant of leave on the ground that the reason assigned by the petitioner in his application that his mother is seriously ill is not at all genuine and there is also a life threat to him from the rival group.

3.In view of the above, this Court is not inclined to grant the relief sought for by the petitioner in the above writ petition. The writ petition stands dismissed accordingly. No costs.

[M.S.R., J] [S.M., J] 23.07.2024 kas Index : Yes / No To 1.The Deputy Inspector General of Prison Gandhi Irwin Road, Egmore Chennai 600 008 2.The Superintendent Puzhal 600 066 3.The Public Prosecutor High Court of Madras Chennai 600 104

M.S.RAMESH, J.

and SUNDER MOHAN, J.

kas 23.07.2024