Venmani v. The State Represented By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.08.2024 CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE R.SAKTHIVEL Venmani ... Petitioner Vs.
1. The State represented by its, The Secretary to the Government of Tamil Nadu, Department of Home.
Fort St.George, Chennai 600 009.
2.The Deputy Inspector General of Prison, Vellore Range, Vellore 632 001.
3.The Superintendent, Central Prison, Vellore, Vellore 632 001.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the respondents to grant ordinary leave for 30 days without escort to the detenue, namely, Nagarani W/o.Rajendhiran aged about 56 years bearing convict No.2997, confined at Central Prison, Vellore.
For Petitioner : Mr.P.Bakiyaraj For Respondents : Mr.E.Raj Thilak, Additional Public Prosecutor
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J.) This petition has been filed seeking a Writ of Mandamus to direct the respondents to grant ordinary leave for a period of 30 days without escort to the the detenue, namely, Nagarani W/o.Rajendhiran, aged about 56 years, bearing convict No.2997, confined at Central Prison, Vellore, who was convicted for the offences under Section 306 IPC (5 counts) and was sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.5,000/- in default to undergo rigorous imprisonment for six months; under Section 509 IPC and was sentenced to one year; under Section 506 (i) IPC and was sentenced to undergo 2 years; under Section 4 of TN Women Harassment Act and was sentenced to undergo rigorous imprisonment for two years and also to pay a fine of Rs.10,000/- in default to undergo rigorous imprisonment for six months.
2. The learned counsel for the petitioner submitted that the convict prisoner has undergone 3 years 10 months and 1 day of imprisonment, including the remand period and that he seeks for ordinary leave for the detenue.
3. The Probation Officer, in his report, has stated that the reasons
assigned by the petitioner for grant of leave is true and he has recommended for grant of ordinary leave to the convict prisoner.
4. In view of the favourable recommendation of the Probation Officer, we are inclined to invoke our powers under Article 226 of the Constitution of India, thereby granting required leave to the convict prisoner herein.
5. At this juncture, learned Additional Public Prosecutor submitted that the convict prisoner is eligible to avail only 21 days of ordinary leave.
6. Accordingly, the convict prisoner viz., Nagarani W/o.Rajendhiran, aged about 56 years, bearing convict No.2997, confined at Central Prison, Vellore, is hereby granted ordinary leave for a period of 21 days, without escort commencing from 03.09.2024 on the following conditions. (i) Respondents are directed to release the Convict Prisoner viz., the detenue, namely, Nagarani W/o.Rajendhiran, aged about 56 years, bearing convict No.2997, confined at Central Prison, Vellore, on Ordinary Leave for a period of 21 days i.e., from 03.09.2024 to 23.09.2024.
(ii) The Convict Prisoner shall be released on 03.09.2024
at 10.00 am and surrender before the Superintendent, Central Prison, Vellore, on 23.09.2024 at 05.30 p.m.
(iii) The Convict Prisoner is directed to report before the Inspector of Police, Chengam Police Station, once in a week at 05.30 pm, during the period of leave.
(iv) The Convict Prisoner shall utilize the leave only for the ground on which it has been granted and shall not indulge in any other activities.
7. Accordingly, the writ petition stands disposed of. No Costs. [S.M.S., J.] [R.S.V., J.] 23.08.2024 Index: Yes/No Speaking/Non-speaking order sli To
1. The State represented by its, The Secretary to the Government of Tamil Nadu, Department of Home.
Fort St.George, Chennai 600 009.
2.The Deputy Inspector General of Prison, Vellore Range, Vellore 632 001.
3.The Superintendent, Central Prison, Vellore, Vellore 632 001.
4.The Public Prosecutor, High Court, Madras.
S.M.SUBRAMANIAM, J.
AND R.SAKTHIVEL, J.
sli 23.08.2024