Meharunnisha v. The State Represented By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.07.2024

CORAM:

THE HON'BLE MR.JUSTICE M.S.RAMESH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN Meharunnisha

...Petitioner/Mother of the detenu

vs.

The State represented by its, 1.The Deputy Inspector General of Prison, Coimbatore Zone, Coimbatore.

2.The Superintendent, Coimbatore Central Prison, Coimbatore.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents to grant emergency leave for 15 days without escort to the detenu, Mansoor Ahmed, S/o. Mubarak, aged 30 years, convict prisoner, bearing Convict No.23027 at Central Prison, 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.] On the ground that the convict prisoner namely Mansoor Ahmed, S/o. Mubarak, aged 30 years, bearing Convict No.23027, confined at Central Prison, Coimbatore is required to attend his paternal father's 40th day death ceremony to be conducted on 18.07.2024, the petitioner/mother of the convict prisoner has filed the present Writ Petition seeking for grant of emergency leave of 15 days. Apparently, the date of the ceremony has lapsed, and hence, the reason assigned by the petitioner for leave does not survive any more. Even otherwise, the grant of emergency leave for the reason assigned in the present Writ Petition is impermissible in view of Rule 6 of the Tamil Nadu Suspension of Sentence Rules, 1982.

2. That apart, very recently, this Court, by orders passed in W.P.No.9113 of 2024 dated. 18.04.2024, had granted 21 days of ordinary leave to the prisoner, commencing from 25.04.2024. Hence, we are not

inclined to consider the prayer sought for in the present Writ Petition. Accordingly, the Writ Petition stands dismissed. (M.S.R.,J.) (S.M.,J.) 30.07.2024 Speaking / Non-Speaking Order dk Copy to:- 1.The Deputy Inspector General of Prison, Coimbatore Zone, Coimbatore.

2.The Superintendent, Coimbatore Central Prison, Coimbatore.

3.The Public Prosecutor, High Court, Madras.

M.S.RAMESH,J.

AND SUNDER MOHAN,J.

dk 30.07.2024