Jeevitha v. The Deputy Inspector General Of Prisons
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.08.2024 CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE V.SIVAGNANAM Jeevitha ... Petitioner Vs.
1. The Deputy Inspector General of Prisons and correctional service, Whannels Road, Egmore, Chennai - 600 008.
2. The Superintendent of Prison, Cuddalore Central Prison, Cuddalore.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the respondents grant 28 days ordinary leave to the petitioner's son namely Aravind S/o. Muruganathan, aged 28 years, Convict Prisoner, Central Prison, Cuddalore. For Petitioner : Ms.S.Nadhiya For Respondent : 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 direction to the respondents to grant ordinary leave for a period of 28 days for the petitioner's son namely Aravind S/o. Muruganathan, aged 28 years, Convict Prisoner, Central Prison, Cuddalore, who was convicted for the offences under Section 6 of POCSO Act, 2012 and sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.1,00,000/- and in default to undergo Simple Imprisonment for 2 years by the learned Sessions Judge, Mahila Court, Cuddalore in Special S.C.No.17/2016 dated 08.01.2019.
2. The learned counsel for the petitioner would submit that the convict prisoner has to make arrangement for his marriage and to make livelihood arrangements.
3. The learned Additional Public Prosecutor would furnish the details regarding the convict prisoner and stated that he is eligible for availing ordinary leave.
4.
Since the convict prisoner is eligible to avail ordinary leave for a
period of 28 days, we are inclined to consider the present writ petition.
5. Accordingly, the convict prisoner viz., Aravind S/o. Muruganathan, aged 28 years confined at Central Prison, Cuddalore is hereby granted ordinary leave for a period of 28 days, without escort commencing from 22.08.2024 on the following conditions.
(i) Respondents are directed to release the Convict Prisoner viz., Aravind S/o. Muruganathan, aged 28 years confined at Central Prison, Cuddalore, on Ordinary Leave for a period of 28 days commencing from 22.08.2024. (ii) The Convict Prisoner shall be released on 22.08.2024 at 10.00 am and surrender before the Superintendent of Prison, Central Prison, Cuddalore, on 18.09.2024 at 05.30 p.m. (iii) The Convict Prisoner is directed to report before the Judicial Magistrate No.1, Panruti twice in a week i.e., on every Monday and Thursday at 10.30 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.] [V.S.G., J.] 16.08.2024 Index: Yes/No Speaking/Non-speaking order veda To
1. The Deputy Inspector General of Prisons and correctional service, Whannels Road, Egmore, Chennai - 600 008.
2. The Superintendent of Prison, Cuddalore Central Prison, Cuddalore.
S.M.SUBRAMANIAM, J.
AND V.SIVAGNANAM, J.
veda 16.08.2024