Sareenbose v. The State Rep. By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.07.2023
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL Sareenbose W/o.Abu Backer Siddiq .. Petitioner 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 Chennai Range, Egmore, Chennai-600 008.
3.
The Superintendent Central Prison Puzhal-i Chennai-600 006.
..Respondents Page Nos.1/24
Petition filed under Article 226 of the Constitution of India praying writ of mandamus directing the respondents to extend the ordinary leave for 2 months without escort to the detenu Abdul Azeez, s/o. Mohammed Gouth, aged about 44 years, life OJCT No.1960, confined at Central Prison, Puzhal-I.
For Petitioner :
Dr.S.Manoharan For Respondents :
Mr.E.Raj Thilak Additional Public Prosecutro
O R D E R
[Order of the Court was made by M.SUNDAR, J.,] Captioned writ petition has been filed with a prayer for extending ordinary leave without escort for a convict prisoner.
2. Dr.S.Manoharan, learned counsel on record for the petitioner submits that convict prisoner was granted 20 days ordinary leave without escort in and by an order dated 23.06.2023 made by this Court in W.P.No.5661 of 2023. It is submitted that the ordinary leave was granted by this Court on medical grounds i.e., two aliments for the convict prisoner, Page Nos.2/24
one being a dental issue and other being Hernia. Learned counsel submitted that while on leave, the convict prisoner's mother passed away on 04.07.2023, he is yet to undergo surgery which is scheduled next week. On this basis, learned counsel requests for further leave.
3. Issue notice.
4. Mr.E.Raj Thilak, learned State Additional Public Prosecutor accepts notice for all the respondents.
5. This Bench wanted to know from learned Prosecutor as to whether the convict prisoner has been complying with the conditions i.e., signing before the jurisdictional police station everyday at 10.30 a.m. which is set out in paragraph No.6 of our earlier order dated 23.06.2023 in W.P.No.5661 of 2023. To be noted, a scanned reproduction of the aforementioned earlier order dated 23.06.2023 made by this Court in W.P.No.5661 of 2023 is as follows:
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6. Learned Prosecutor, on instructions, submitted that the convict prisoner has been complying with the aforementioned condition with the exception of couple of days owing to demise of his mother on 04.07.2023 but that was informed to the jurisdictional police station in advance and the matter was also mentioned before this Court by learned counsel. 7.As the surgery is yet to be done and as Nature has overtaken convict prisoner during his leave (demise of his mother on 04.07.2023) considering the fact that the convict prisoner has complied with the condition for leave, we deem it appropriate to extend the leave of convict prisoner for one month from tomorrow i.e., from 18.07.2023 to 18.08.2023.
We make it clear that owing to the extension, convict prisoner need not surrender before prison authorities today as directed by us in our earlier order. However, convict prisoner shall surrender before concerned prison authorities (Central Prison, Puzhal-1, Chennai-600 066) on 18.08.2023 by dusk i.e., by 5.30 p.m. All other conditions put in place in the earlier order will continue to operate. As regards the surgery which is scheduled for next week as it is a elective surgery, convict prisoner shall inform the jurisdictional police in Page Nos.
advance about the date of surgery. Jurisdictional police shall exempt him from signing before police station for three days including the date of surgery. While informing the date of surgery, convict prisoner shall give the details of the hospital where he would be undergoing surgery.
8. Captioned Writ Petition is disposed of in the aforesaid manner. There shall be no order as to costs.
Though the captioned writ petition has been disposed of, Registry to list the captioned writ petition under the cause list caption 'FOR REPORT' on 25.08.2023.
(M.S.,J.) (R.S.V.,J.) 17.07.2023 Index : Yes Speaking mk Note: Upload on 18.07.2023 Page Nos.23/24
M.SUNDAR, J., and R.SAKTHIVEL, J., mk 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 Chennai Range, Egmore, Chennai-600 008.
3.
The Superintendent Central Prison Puzhal-i Chennai-600 006.
4.
The Public Prosecutor High Court, Madras.
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