Sareenbose v. The State Rep By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.08.2023
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL Sareenbose W/o.Abu Backer Siddiq .. Petitioner Vs.
The State represented by 1.
The Secretary to the Government of Tamil Nadu Department of Home Fort St.Geroge Chennai-600 009.
2.
The Deputy Inspector General of Prison Chennai Range Egmore, Chennai-600 008.
3.
The Superintendent Central Prison Puzhal-I Chennai-600 066.
..Respondents Page Nos.1/26
Petition filed under Article 226 of the Constitution of India praying writ of mandamus to direct the respondents to extend the ordinary leave for 3 months without escort to the detenu, Abdul Azeez S/o. Mohammed Gouth, aged about 48 years, life OJCT No.1960, Confined at Central Prison, Puzhal - I.
For Petitioner :
Dr.S.Manoharan 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. To be noted, captioned writ petition is today in the Admission Board and convict prisoner is already on leave pursuant to orders of this Court vide order dated 17.07.2023 in W.P.No.20981 of 2023 which shall hereinafter be referred to as 'said order' for the sake of convenience. Captioned writ petition was taken up with the consent of both sides after issuing notice to respondents. It is further to be noted that Mr.E.Raj Thilak, learned State Additional Public Prosecutor accepted notice for all three respondents.
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3. This Bench deems it appropriate to extract and reproduce the aforementioned said order as it captures all essential facts, the trajectory the matter has taken thus far and any other aspect of the matter which may be necessary for appreciating this order and the same is as follows: 'Captioned writ petition has been filed with a prayer for extending ordinary leave without escort for a convict prisoner.
2. Dr.S.Manoharan, learned counsel on record for the petitioner submits that convict prisoner was granted 20 days ordinary leave without escort in and by an order dated 23.06.2023 made by this Court in W.P.No.5661 of 2023. It is submitted that the ordinary leave was granted by this Court on medical grounds i.e., two aliments for the convict prisoner, one being a dental issue and other being Hernia. Learned counsel submitted that while on leave, the convict prisoner's mother passed away on 04.07.2023, he is yet to undergo surgery which is scheduled next week. On this basis, learned counsel requests for further leave.
3. Issue notice.
4. Mr.E.Raj Thilak, learned State Additional Public Prosecutor accepts notice for all the respondents.
5. This Bench wanted to know from learned Prosecutor as to whether the convict prisoner has been complying with the conditions i.e., signing before the jurisdictional police station everyday at 10.30 a.m. which is set out in paragraph No.6 of our earlier order dated 23.06.2023 in W.P.No.5661 of 2023. To be Page Nos.3/26
noted, a scanned reproduction of the aforementioned earlier order dated 23.06.2023 made by this Court in W.P.No.5661 of 2023 is as follows:
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6. Learned Prosecutor, on instructions, submitted that the convict prisoner has been complying with the aforementioned condition with the exception of couple of days owing to demise of his mother on 04.07.2023 but that was informed to the jurisdictional police station in advance and the matter was also mentioned before this Court by learned counsel. 7.As the surgery is yet to be done and as Nature has overtaken convict prisoner during his leave (demise of his mother on 04.07.2023) considering the fact that the convict prisoner has complied with the condition for leave, we deem it appropriate to extend the leave of convict prisoner for one month from tomorrow i.e., from 18.07.2023 to 18.08.2023.
We make it clear that owing to the extension, convict prisoner need not surrender before prison authorities today as directed by us in our earlier order. However, convict prisoner shall surrender before concerned prison authorities (Central Prison, Puzhal-1, Chennai-600 066) on 18.08.2023 by dusk i.e., by 5.30 p.m. All other conditions put in place in the earlier order will continue to operate. As regards the surgery which is scheduled for next week as it is a elective surgery, convict prisoner shall inform the jurisdictional police in advance about the date of surgery. Jurisdictional police shall exempt him from signing before police station for three days including the date of surgery. While informing the date of surgery, convict prisoner shall give the details of the hospital where he would be undergoing surgery.
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8. Captioned Writ Petition is disposed of in the aforesaid manner. There shall be no order as to costs. Though the captioned writ petition has been disposed of, Registry to list the captioned writ petition under the cause list caption 'FOR REPORT' on 25.08.2023.'
4. Aforementioned order shall now be read as an integral part and parcel of this order. Therefore, we are not setting out the facts again.
5. As would be evident from paragraph No.7 of said order, leave already granted to convict prisoner elapses tomorrow (18.08.2023). To be noted, convict prisoner has to surrender by dusk tomorrow (18.08.2023).
6. Today, Dr.S.Manoharan, learned counsel on record for petitioner, adverting to medical reports submitted that convict prisoner has undergone two surgeries on 27.07.2023 and he is now having some other complications (cervical pain) besides convalescing post surgeries. Learned counsel submits that the convict prisoner has been advised to take complete bed rest. Attention of this Court was drawn to certificate in this regard. Page Nos.23/26
7. Learned Prosecutor pointed out that surgery is already over and therefore, there may not be really need for extension of leave.
8. We considered the submissions of both sides and we notice that convict prisoner has already served 22 years of sentence. Medical reports do support convalescence and cervical pain complications which have been projected. Therefore, we deem it appropriate to extend the leave i.e., leave already granted vide order dated 17.07.2023 in W.P.No.20981 of 2023 till the end of this month on the same conditions set out in said order.
9. Now the convict prisoner shall surrender on 01.09.2023 (Friday) by dusk in the office of third respondent.
10. As already alluded to supra, in all other aspects conditions put in place by said order will continue to operate. We also deem it appropriate to say that plea for further extension will not be considered unless there is some drastic developments which is so compelling and which warrants a Page Nos.24/26
re-look.
Captioned Writ Petition disposed of in the aforesaid manner. There shall be no order as to costs.
(M.S.,J.) (R.S.V.,J.) 17.08.2023 Index : Yes/No Speaking/Non-speaking Note: Upload forthwith mk To 1.
The Secretary to the Government of Tamil Nadu Department of Home Fort St.Geroge Chennai-600 009.
2.
The Deputy Inspector General of Prison Chennai Range Egmore, Chennai-600 008.
3.
The Superintendent Central Prison Puzhal-I Chennai-600 066.
4.
The Public Prosecutor Page Nos.25/26
High Court, Madras.
M.SUNDAR, J., and R.SAKTHIVEL, J., mk 17.08.2023 Page Nos.26/26