Geetha v. The State Represented By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.07.2024 CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH THE HONOURABLE MR. JUSTICE SUNDER MOHAN Geetha ... Petitioner Vs.
1.The State represented by its The Deputy Inspector General of Prison Gandhi Irwin Road, Egmore Chennai 600 008 2.The Superintendent of Prisons Puzhal Central Prison -1 Chennai 600 066 ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the respondents to grant ordinary leave for 30 days without escort to the detenu, Veera S/o.Raghu, aged about 38 years bearing Convict No.4963 confined at Central Prison, Puzhal.
For Petitioner : Ms.S.Sadhana For Respondents : Mr.A.Gokulakrishnan Additional Public Prosecutor
ORDER
M.S.RAMESH, J.
SUNDER MOHAN , J.
This Writ Petition has been filed seeking for a direction, to direct the respondents to ordinary leave for 30 days without escort to the detenu, Veera S/o.Raghu, aged about 38 years bearing Convict No.4963 confined at Central Prison, Puzhal.
2. The learned counsel for the petitioner submitted that since the petitioner's uterus is affected, she needs to take treatment, for which her husband has to make financial arrangement. He further submitted that the petitioner is also having two minor sons, and they have to arrange finance to pay their school fees. Hence, the petitioner needs the presence of her husband to make arrangement for the medical expenses as well as for the school fee. Thereby, a representation dated 16.05.2024 was sent to
the respondents. Hence, the present petition.
3. The learned Additional Public Prosecutor has produced a report from the Probation Officer, which is in favour of the life convict and the Probation Officer has stated that the reason for which the petitioner seeks for grant of ordinary leave to her husband is genuine. He has also stated that so far the petitioner has not availed any leave.
4. Since the report of the Probation Officer dated 16.07.2024, is in favour of the petitioner, we are inclined to consider the prayer sought for in this Writ Petition.
5. Accordingly, there shall be a direction to the respondents herein, to grant 28 days ordinary leave "without escort" to the life convict namely Mr.Veera, S/o.Raghu, aged about 38 years, Convict Prisoner No.4963, commencing from 25.07.2024 to 21.08.2024, with a condition that the life convict shall report before the jurisdictional Police i.e. A-4, Korukkupet Police Station, Chennai District, daily at 10.30 a.m. After expiry of the Ordinary Leave, the life convict shall surrender before the
Jail Authority on 22.08.2024 before 10.00 a.m. The prisoner shall utilize
M.S.RAMESH, J.
SUNDER MOHAN, J.
kas the leave only for the purpose for which it has been granted and shall not indulge in any other activities.
6. With the above direction, the Writ Petition stands allowed. No costs.
[M.S.R., J] [S.M., J] 19.07.2024 kas Note: Issue Order Copy on 24.07.2024 To 1.The Deputy Inspector General of Prison Gandhi Irwin Road, Egmore Chennai 600 008 2.The Superintendent of Prisons Puzhal Central Prison -1 Chennai 600 066 3.The Public Prosecutor High Court of Madras Chennai 600 104