Sasikala v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.08.2024

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR. JUSTICE R.SAKTHIVEL Sasikala ... Petitioner Vs.

1.The Secretary to Government, Home Prohibition and Excise Department, Secretariat, Chennai-600 009.

2.The Director General of Police I.G. of Prisons, Gandhi Irwin Road, Egmore, Chennai-600 008.

3.The Superintendent of Prisons, Central Prison, Puzhal, Chennai-600 066.

... Respondents Prayer :- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents to grant 21 days ordinary leave to the petitioner's husband Jai Manohar S/o.Elango Manohar aged about 45 years, Convict No.10465, Convict Prisoner, Central Prison, Puzhal.

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For Petitioner :

M/s.S.Nadhiya For Respondents :

Mr.E.Raj Thilak, Additional Public Prosecutor.

O R D E R

(Order of the Court was delivered by S.M.Subramaniam J.) This petition has been filed seeking a Writ of Mandamus to direct the respondents to grant 21 days ordinary leave to the petitioner's husband Jai Manohar S/o.Elango Manohar aged about 45 years, Convict No.10465, Convict Prisoner, Central Prison, Puzhal who was convicted for the offences under Prevention of Corruption Act, 1988 and sentenced to undergo rigorous imprisonment for a period of 3 years by the Special Court for Trial of Cases under Prevention of Corruption Act, in Thiruchirapalli Court.

2. The learned counsel for the petitioner submitted that the petitioner's husband/convict prisoner has undergone imprisonment for a period of 1 years 1 month and 2 days and that he seeks ordinary leave for the petitioner's husband/convict prisoner to admit his son in college and to make arrangements for educational expenses.

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3. At this juncture, the learned Additional Public Prosecutor Mr.E.Raj Thilak would submit that there is no adverse conduct noticed by the prison authorities inside the prison and the convict prisoner is eligible to avail ordinary leave for a period of 21 days.

4. Since there is no adverse conduct noticed by the prison authorities inside the prison and the convict prisoner is eligible to avail ordinary leave for a period of 21 days, we are inclined to consider the case of the convict prisoner for grant of ordinary leave for 21 days.

5. Accordingly, the convict prisoner viz., Jai Manohar S/o.Elango Manohar aged about 45 years, Convict No.10465, Convict Prisoner, Central Prison, Puzhal, is hereby granted Ordinary Leave without escort for a period of 21 days commencing from 23.08.2024 on the following conditions:- (i) Respondents are directed to release the Convict Prisoner viz., Jai Manohar S/o.Elango Manohar aged about 45 years, Convict No.10465, Central Prison, Puzhal, on Ordinary Leave without escort for a period of 21 days commencing from 23.08.2024.

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(ii) The Convict Prisoner shall be released on 23.08.2024 at 10.00 a.m. and surrender before the Superintendent, Central Prison, Puzhal, on 13.09.2024 at 05.30 p.m.

(iii) The Convict Prisoner is directed to report before the jurisdictional Police Station, once in a week at 10.00 a.m. 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.

6. Accordingly, the writ petition stands disposed of. No Costs. (S.M.S.J.,) (R.S.V.J.,) 19.08.2024 Index : Yes/No Speaking order/Non-Speaking order (sha) 4/6

To 1.The Secretary to Government, Home Prohibition and Excise Department, Secretariat, Chennai-600 009.

2.The Director General of Police I.G. of Prisons, Gandhi Irwin Road, Egmore, Chennai-600 008.

3.The Superintendent of Prisons, Central Prison, Puzhal, Chennai-600 066.

4.The Public Prosecutor, High Court, Madras.

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S.M.SUBRAMANIAM, J.

and R.SAKTHIVEL, J.

(sha) 19.08.2024 6/6