S.Elumalai v. The Superinendent Of Prison

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 S.Elumalai ... Petitioner Vs.

1.The Superintendent of Prison Central Prison - I Puzhal, Chennai 600 066 2.The Inspector General Prison and Correctional Service Department Monteith Road, Egmore Chennai 3.The Inspector of Police CBI / ACB / Chennai ... 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 permit leave for 30 days without escort to the petitioner.

For Petitioner : Mr.Prakash Goklaney 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 permit leave for 30 days without escort to the petitioner.

2. Since the petitioner has been convicted with the maximum imprisonment for seven years and he has completed only 11 months of imprisonment including the remand period is set off, he would not be entitled to seek for 30 days of ordinary leave, in view of the bar under Section 22(1) of the Tamil Nadu Suspension of Sentence Rules 1982 as amended in G.O.(Ms) No.205 Home (Prison-V) Department dated 25.04.2022.

3. In view of the above, the writ petition stands dismissed. However, if the petitioner intends to seek for any emergency leave, liberty is hereby granted to him to make an application before the appropriate jail authorities. No costs.

[M.S.R., J] [S.M., J] 19.07.2024 kas Index : Yes / No To 1.The Superintendent of Prison Central Prison - I Puzhal, Chennai 600 066 2.The Inspector General Prison and Correctional Service Department Monteith Road, Egmore Chennai 3.The Inspector of Police CBI / ACB / Chennai 3.The Public Prosecutor High Court of Madras Chennai 600 104

M.S.RAMESH, J.

SUNDER MOHAN, J.

kas 19.07.2024