Keerthana 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 Keerthana ... Petitioner/wife of the detenue Vs.
The State represented by its, 1.The Secretary to the Government of Tamil Nadu, Department of Home, Fort St. George, Chennai-600 009.
2.The Deputy Inspector General of Prison, Coimbatore Range, 3.The Superintendent, Central Prison, ... 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, Tamizhnesan, S/o.Subramaniyan, aged about 38 years, bearing Convict No.23418 confined at Central Prison at Coimbatore.
For Petitioner : Mr.M.Ezhilarasu For Respondents : Mr.A.Gokulakrishnan Additional Public Prosecutor
ORDER
(Order of the Court was made by M.S.RAMESH, J.) The petitioner's husband is a convict prisoner, who was convicted for the offence under Section 5 of TNPID Act and was sentenced to undergo 10 years SI and fine of Rs.15,000/- (110 counts) in default to undergo SI for 1 year; under Section 420 IPC, he was sentenced to undergo 3 years SI and fine of Rs.15,000/- (110 Counts) in default to undergo SI for 1 year; under Section 120(b) IPC, he was sentenced to undergo 2 years SI and fine of Rs.15,000/- (110 counts) in default to undergo 1 year SI; under Section 420
IPC & 5 of TNPID Act and imposed fine of Rs.11,00,000/- in default to undergo 1 year SI (each section) and under Section 420 IPC & 5 TNPID Act and imposed fine of Rs.33,00,000/- in default to undergo SI for 1 year (each section) in C.C.No.21 of 2012 by the learned Special Judge, TNPID Court, Coimbatore on 05.08.2021. Now, on the ground that the petitioner requires the presence of her husband/convict prisoner to take care of her during her pregnancy, she has sought for 30 days ordinary leave for her husband. She has given a representation dated 24.05.2024 in this regard and since the same has not been considered till date, she has filed the present Writ Petition.
2. The learned counsel for the petitioner submitted that the convict prisoner has undergone 01 year 05 moths and 7 days of imprisonment.
3. Learned Additional Public Prosecutor submitted that as per Tamil Nadu Suspension of Sentence Rules, 1982, Rule No.22 as ammended, the convict prisoner is not entitled for ordinary leave since, at the time of petitioner's representation on 24.05.2024, he had not completed 2 years of
actual imprisonment from the date of admission to prison as a convict.
4. In view of the fact that the prisoner has undergone 01 year 05 moths and 7 days of sentence out of the total sentence of 10 years, he is ineligible to claim any leave under Tamil Nadu Suspension of Sentence Rules, 1982.
5.Accordingly, this Writ Petition stands dismissed. No Costs. [M.S.R., J] [S.M., J] 23.07.2024 Index: Yes/No Speaking/Non-speaking order Anu To 1.The Secretary to the Government of Tamil Nadu, Department of Home, Fort St. George, Chennai-600 009.
2.The Deputy Inspector General of Prison, Coimbatore Range,
3.The Superintendent, Central Prison, 4.The Public Prosecutor, High Court, Madras.
M.S.RAMESH, J.
and SUNDER MOHAN, J.
Anu 23.07.2024