Sangeetha v. The State Rep By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.08.2023
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE Mr.JUSTICE R.SAKTHIVEL Sangeetha Wife of Yesudoss ..
Petitioner Wife of the detenu Vs.
The State represented by its
1. The Secretary to Government of Tamil Nadu Home Department Fort St.George Chennai - 600 009
2. The Deputy Inspector General of Police Coimbatore Zone, Coimbatore Central Prison Coimbatore
3. The Superintendent Coimbatore Central Prison Coimbatore ..
Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the third respondent to grant 6 days of emergency leave and direct the 1st respondent to grant 6 days of Page Nos.1/15
emergency leave and direct the 1st and 2nd respondents to grant 28 days of ordinary leave without escort to Yesudoss, son of Paulraj, aged about 30 years, bearing Convict No.19233 at Central Prison, Coimbatore. For Petitioner :
Mr.M.Ezhilarasu For Respondents :
Mr.E.Raj Thilak Additional Public Prosecutor
O R D E R
[Order of the Court was made by M.SUNDAR, J.,] This order will now dispose of the captioned writ petition.
2. Short facts are that petitioner's spouse Thiru.Yesudoss, son of Thiru.Paulraj, aged about 30 years is a convict prisoner (Convict Prisoner No.19233) and he is now lodged in Central Prison, Coimbatore; that convict prisoner and petitioner were married on 17.10.2014 but owing to certain reasons, the respective families had not accepted the marriage; that convict prisoner sought 28 days ordinary leave earlier, the same was negatived by an order dated 18.05.2023 made by third respondent; that this 18.05.2023 order was assailed by the convict prisoner in and by a writ petition being W.P.No.17211 of 2023 and the same came to be disposed of on 09.06.2023 Page Nos.2/15
by this Court acceding to / granting 15 days leave from 13.06.2023 to 27.06.2023; that it is submitted that during this leave, both families agreed / accepted the wedding and a formal reception has been fixed by both families jointly on 21.08.2023; that captioned writ petition has been filed in this Court on 09.08.2023 saying that petitioner's representation dated 04.08.2023 remains unattended.
3. Issue notice.
4. Mr.E.Raj Thilak, learned Additional Public Prosecutor accepts notice for all the respondents and submits on instructions that only impediment for grant of leave is Rule 21(b) of 'Tamil Nadu Suspension of Sentence Rules, 1982' [hereinafter 'said Rules' for the sake of convenience and clarity] which says that prisoners sentenced under Sections 392 to 402 of 'Indian Penal Code (Central Act 45 of 1860)' [hereinafter 'IPC' for the sake of brevity] are not eligible to ordinary leave.
5. As regards aforementioned argument turning on Rule 21(b) of said Rules, this Bench has dealt with the same in aforementioned order dated 09.06.2023 in W.P.No.17211 of 2023 and a scanned reproduction of this order is as follows:
Page Nos.3/15
Page Nos.4/15
Page Nos.5/15
Page Nos.6/15
Page Nos.7/15
Page Nos.8/15
Page Nos.9/15
Page Nos.10/15
6. This Court is informed that convict prisoner has availed aforementioned 15 days leave (13.06.2023 to 27.06.2023) and has returned without any untoward incident.
7. To be noted, learned counsel for petitioner drew our attention to printed invitation as regards 21.08.2023 reception.
8. Considering the facts and circumstances of the case on hand and making it clear that this is a one-off matter (arrangements for a reception having been made by both families already during earlier leave period) and therefore, shall not be cited as a precedent regarding wedding anniversaries or other such occasions, we are inclined to grant leave for a short period of one week with escort to enable the convict prisoner to be part of the occasion on 21.08.2023.
9. To be noted, in the course of the hearing learned Prosecutor has placed before us an order dated 10.08.2023 bearing reference No.16332/jF/3/2023 made by the third respondent wherein the petitioner's present request for leave has been rejected. To be noted, this 10.08.2023 order shall hereinafter be referred to as 'impugned order' for the sake of convenience. It is further to be noted that this impugned order also is Page Nos.11/15
predicated on aforementioned Rule 21(b) of said Rules and as already alluded to supra, we have dealt with Rule 21(b) of said Rules and its import in the case on hand in the earlier order dated 09.06.2023 in W.P.No.17211 of 2023 which has been scanned and reproduced supra. That dispositive reasoning will apply to the case on hand also for interfering with the impugned order.
10. In the light of the narrative thus far i.e., in the light of the discussion and dispositive reasoning thus far, the following order is made: i) Impugned order dated 10.08.2023 bearing reference No.16332/jF/3/2023 made by the third respondent is set aside;
ii) Impugned order is set aside for the reasons that have been articulated in the earlier order dated 09.06.2023 in W.P.No.17211 of 2023;
iii) Convict prisoner is granted one week ordinary leave with escort from 19.08.2023 (Saturday) 10.30 am to 26.08.2023 (Saturday) 05.30 pm;
Page Nos.12/15
iv) Convict prisoner shall surrender on 26.08.2023 by dusk i.e., at 05.30 pm in the office of the third respondent; v) Leave is granted solely for the purpose of petitioner to be part of the occasion on 21.08.2023 and therefore, the leave shall not utilized for any other purpose.
Captioned writ petition disposed of in the aforesaid manner. (M.S.,J.) (R.S.V.,J.) 16.08.2023 gpa P.S: Though the captioned writ petition is disposed of, Registry shall list the captioned writ petition under the cause list caption 'FOR REPORTING COMPLIANCE' on 01.09.2023.
Page Nos.13/15
To
1. The Secretary to Government of Tamilnadu Home Department Fort St.George Chennai - 600 009
2. The Deputy Inspector General of Police Coimbatore Zone, Coimbatore Central Prison Coimbatore
3. The Superintendent Coimbatore Central Prison Coimbatore
4. The Public Prosecutor High Court, Madras.
Page Nos.14/15
M.SUNDAR, J., and R.SAKTHIVEL, J., gpa 16.08.2023 Page Nos.15/15