Periyanayagi v. The State Rep
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.07.2023
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL Periyanayagi W/o.Ayyanar .. Petitioner Vs.
The State Represented by its 1.
The Deputy Inspector General of Prison Vellore Zone, Thorapadi Vellore.
2.
The Superintendent Cuddalore Central Prison Cuddalore.
..Respondents Petition filed under Article 226 of the Constitution of India praying writ of mandamus to direct the respondents to grant ordinary leave for 28 days without escort to the detenu Ayyanar, son of Govindhan, convict prisoner No.14898, detained at Central Prison, Cuddalore. For Petitioner :
Mr.M.Ezhilarasu For Respondents :
Mr.E.Raj Thilak Additional Public Prosecutor Page Nos.1/8
for R1 & R2
O R D E R
[Order of the Court was made by M.SUNDAR, J.,] This order will now dispose of the captioned writ petition.
2. Captioned writ petition has been filed with a mandamus prayer qua 28 days leave without escort for petitioner's spouse one 'Mr.Ayyanar, son of Mr.Govindhan (Convict Prisoner No.14898) now lodged in Central Prison, Cuddalore' [hereinafter 'convict prisoner' for the sake of convenience and brevity].
3. Convict Prisoner is serving sentence having been convicted and sentenced by learned Mahila Court Judge, Cuddalore in and by judgment and sentence dated 06.10.2016 in S.C.No.89 of 2012.
4. Writ petitioner sent a representation dated 21.04.2023 requesting 40 days ordinary leave without escort to convict prisoner essentially to make arrangements for daughter's education inter alia by selling some piece of Page Nos.2/8
property inherited by convict prisoner. This representation of writ petitioner met with a reply dated 25.04.2023 bearing reference No.7033/tha.ku.2/2023 from the second respondent and a scanned reproduction of this reply dated 25.04.2023 is as follows:
Page Nos.3/8
5. A careful perusal of the aforementioned reply makes it clear that there is no difficulty as regards 28 days ordinary leave without escort.
6. To be noted, convict prisoner has served nearly 11 years sentence now.
7. After the aforementioned 25.04.2023 proceedings of second respondent, the writ petitioner has sent one more 'representation dated 04.05.2023' [hereinafter 'said representation' for the sake of convenience and clarity] reiterating the request but on this occasion, request is for 28 days ordinary leave without escort. Complaining of inaction qua said representation, captioned writ petition has been filed.
8. Issue notice.
9. Mr.E.Raj Thilak, learned State Additional Public Prosecutor accepts notice for both respondents and learned Prosecutor submits that the report of probationary officer has since been obtained. Learned Prosecutor submits Page Nos.4/8
that the piece of land which is referred to is not within Kallakurichi District but we are really not concerned with that aspect of the matter as the ground on which the leave is sought is to make arrangement for daughter's education. To be noted, 25.04.2023 proceedings itself says that if the convict prisoner applies for 28 days ordinary leave, the same will be considered and it only says that convict prisoner is not entitled to 40 days ordinary leave as he has not completed / served 14 years sentence.
10. This Court is informed that convict prisoner was given emergency leave on two occasions earlier and on both occasions nothing untoward has happened. Considering the facts and circumstances of the case on hand, we are of the view that this is a fit case for the Executive Arm to have taken Rule 40 of 'the Tamil Nadu Suspension of Sentence Rules 1982' [hereinafter 'said Rules' for the sake of convenience and clarity] route. Therefore, we find that this is a fit case to grant 28 days ordinary leave and the following order is passed:
(i) The convict prisoner is given 28 days ordinary leave without escort from 15.07.2023 to 11.08.2023; Page Nos.5/8
(ii) Convict prisoner shall sign before the jurisdictional police station at 10.30 a.m. on every Monday and Friday (we are informed that the jurisdictional police station is Ilavanarasan Kottai Police Station, Kallakurichi Taluk, Kallakurichi District);
(iii) Convict prisoner need not sign on 11.08.2023 though it is Friday as the convict prisoner would be surrendering by dusk i.e., by 5.30 p.m. with the concerned prison authorities (office of second respondent) on that day;
11. Captioned Writ Petition disposed of in the aforesaid manner. There shall be no order as to costs.
Though the captioned writ petition is disposed of, Registry to list the captioned writ petition under the cause list caption 'FOR REPORT' on 16.08.2023.
(M.S.,J.) (R.S.V.,J.) 07.07.2023 Index : Yes Speaking mk Page Nos.6/8
1.
The Deputy Inspector General of Prison Vellore Zone, Thorapadi Vellore.
2.
The Superintendent Cuddalore Central Prison Cuddalore.
3.
The Public Prosecutor High Court, Madras.
M.SUNDAR, J., Page Nos.7/8
and R.SAKTHIVEL, J., mk 07.07.2023 Page Nos.8/8