Sangeetha v. The State Rep. By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.07.2024 CORAM :

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

The State represented by its, 1.The Secretary to Government of Tamil Nadu, Home Department, Fort St.George, Chennai - 600 009.

2.The Deputy Inspector General of Prison, Coimbatore Zone, Coimbatore.

3.The Superintendent, Coimbatore Central Prison, Coimbatore.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the 3rd respondent to grant 15 days of emergency leave and direct the 1st and 2nd respondents to grant 30 days of ordinary leave without escort to the detenu, Yesudoss,

S/o.Paulraj, aged about 30 years, bearing Convict No.19233, at Central Prison, Coimbatore.

For Petitioner : Mr.P.Bakiyaraj For Respondents : Mr.A.Gokulakrishnan, Additional Public Prosecutor

ORDER

(Order of the Court was made by M.S.RAMESH, J.) The life convict/petitioner's husband was recently granted ordinary leave by this Court through an order dated 01.02.2024 passed in WP.No.1196 of 2024 and was readmitted to the prison on 18.02.2024. This apart, the life convict is also ineligible to seek for leave since he was convicted for the offence under Section 396 of IPC, which is a bar to claim for leave under Rule 21(b) of the Tamil Nadu Suspension of Sentence Rules, 1982.

2. Accordingly, the Writ Petition stands dismissed. No costs. [M.S.R., J] [S.M., J] 26.07.2024 Index: Yes/No Sni

To 1.The Secretary to Government of Tamil Nadu, Home Department, Fort St.George, Chennai - 600 009.

2.The Deputy Inspector General of Prison, Coimbatore Zone, Coimbatore.

3.The Superintendent, Coimbatore Central Prison, Coimbatore.

4.The Public Prosecutor, High Court, Madras.

M.S.RAMESH, J.

and SUNDER MOHAN, J.

Sni 26.07.2024