Meenakshi v. State By. The Additional Chief Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.08.2024 CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE V.SIVAGNANAM Meenakshi ... Petitioner Vs.
1. State by:
The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai 600 009.
2. The Deputy Inspector General 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 the issuance of Writ of Certiorarified Mandamus, to call for the records in the order dated 24.07.2024 bearing No.168196/tha.ku.2/2024 passed by the respondent no.3 and quash the same and direct the respondent no.3 to grant emergency leave to the petitioner's husband, namely Saravanan S/o.
Ezhumalai, aged 50 years, Convict No.5982.Convict Prisoner, Central Prison, Puzhal.
For Petitioner : Mrs. S. Nadhiya For Respondents : Mr.E.Raj Thilak, Additional Public Prosecutor
ORDER
(Order of the Court is made by S.M.SUBRAMANIAM, J.) This petition has been filed seeking a Writ of Certiorarified Mandamus to quash the impugned order dated24.07.2024 passed by the 3rd respondent in No.168196/tha.ku./2024 and to direct the 3rd respondent to grant emergency leave for a period of 10 days to the petitioner's husband,namely, Saravanan S/o.Ezhumalai, aged about 50 years, convict prisoner, bearing Convict No.5982 confined at Central Prison, Puzhal, who was convicted by the learned Metropolitan Magistrate, XI Metropolitan magistrate Court, Saidapet, Chennai in CC No.1918 of 2024 dated 23.07.2015, as under:- Conviction under Section Sentence 465 IPC Simple imprisonment for 2 years and to pay a fine of Rs.1,000/-, in default, to undergo Simple imprisonment for 6 months.
471 r/w.468 IPC Rigorous Imprisonment for 3 years and to
Conviction under Section Sentence pay a fine of Rs.1,000/-, in default, to undergo simple imprisonment for 6 months.
420 r/w.34 IPC Rigorous Imprisonment for 3 years and to pay a fine of Rs.1,000/-, in default, to undergo simple imprisonment for 6 months.
467 IPC Rigorous Imprisonment for 3 years and to pay a fine of Rs.1,000/-, in default, to undergo simple imprisonment for 6 months.
468 IPC Rigorous Imprisonment for 3 years and to pay a fine of Rs.1,000/-, in default, to undergo simple imprisonment for 6 months.
The above sentences were ordered to run concurrently.
2. The learned counsel for the petitioner submitted that the petitioner's husband/convict prisoner has undergone 2 years 2 months 25 days of imprisonment. He would further submit that convict prisoner, Saravanan's father is counting his last days and wants to see his son and for that purpose an application was submitted seeking Emergency Leave for a period of 15 days to her husband/ convict prisoner, which was rejected without any valid reason and thus, this writ petition came to be instituted.
3. The learned Additional Public Prosecutor Mr.E.Raj Thilak would oppose by stating that since there is pending case against the convict prisoner, he is not eligible to avail 15 days emergency leave. However, he may be granted emergency leave for 10 days.
4. Thus, this Court is inclined to grant 10 days Emergency Leave to the convict prisoner. Accordingly, the impugned order dated 24.07.2024 passed by the 3rd respondent in No.168196/tha.ku./2024 stands quashed and the convict prisoner viz., Saravanan S/o.Ezhumalai, aged about 50 years, convict prisoner, bearing Convict No.5982 confined at Central Prison, Puzhal,Chennai is hereby granted Emergency Leave without escort for a period of 10 days commencing from 30.08.2024 on the following conditions:- (i) Respondents are directed to release the Convict Prisoner viz., Saravanan S/o.Ezhumalai, aged about 50 years, convict prisoner, bearing Convict No.5982 confined at Central Prison, Puzhal, Chennai on Emergency Leave without escort for a period of 10 days commencing from 30.08.2024.
(ii) The Convict Prisoner shall be released on 30.08.2024
at 10.00 a.m. and surrender before the Superintendent, Central Prison, Puzhal, Chennai on 08.09.2024 at 05.30 p.m. (iii) 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.
5. Accordingly, the writ petition stands disposed of. No Costs. [S.M.S., J.] [V.S.G., J.] 22.08.2024 Index: Yes/No Speaking/Non-speaking order mrp To
1. The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai 600 009.
2. The Deputy Inspector General 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.
S.M.SUBRAMANIAM, J.
AND
V.SIVAGNANAM, J.
mrp 22.08.2024