Mr.Palanisamy v. The State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.08.2024

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR Mr.Palanisamy ... Petitioner Vs.

1. The State Rep By Its The Deputy Inspector General Of Prison, Coimbatore Range, Gandhipuram, Coimbatore 641018.

2. The Superintendent Of Prison, Coimbatore Central Prison, Gandhipuram, Coimbatore 641018.

... Respondents Prayer :- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to grant 21 days leave without escort to the petitioner's son in law / Convict namely Mr.Murugesan S/o.Sreerangan(CT.No. 24709) in pursuance of the representation dated 26.07.2024 For Petitioner :

Mr.M.Mohamed Saifulla 1/6

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 leave without escort to the petitioner's son in law / Convict namely Mr.Murugesan S/o.Sreerangan (CT.No. 24709), confined at Central Prison, Coimbatore. The convict prisoner is convicted for offences U/s.306 of IPC by the Learned Sessions Judge(Fast Track Mahila Court), Thiruchengode, and was sentenced Rigorous imprisonment for a period of 7 years and imposed a fine of Rs.2,000/- in default 6 months simple imprisonment, on 19.03.2020.

2. The learned counsel for the petitioner submitted that the convict prisoner is in prison for more than 1 year and seeks leave for to make arrangements for the livelihood of his family and for the settlement of life after release.

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3. At this juncture, the learned Additional Public Prosecutor Mr.E.Raj Thilak would submit that the convict prisoner is eligible for 21 days ordinary leave.

4. Considering the fact that the convict prisoner is in prison for more than 1 year and is otherwise eligible for 21 days ordinary leave, we are inclined to grant ordinary leave of 21 days to the convict prisoner. 5.

Accordingly, the convict prisoner viz., Mr.Murugesan S/o.Sreerangan (CT.No. 24709), confined at Central Prison, Coimbatore, is hereby granted ordinary leave for a period of 21 days without escort commencing from 06.09.2024 on the following conditions. (i) Respondents are directed to release the Convict Prisoner viz., Mr.Murugesan S/o.Sreerangan (CT.No. 24709), confined at Central Prison, Coimbatore, on Ordinary Leave without escort for a period of 21 days commencing from 06.09.2024.

(ii) The Convict Prisoner shall be released on 06.09.2024 at 10.00 a.m. and surrender before the Superintendent, Central Prison, Coimbatore, on 27.09.2024 at 05.30 p.m.

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(iii) The Convict Prisoner is directed to report before the Thiruchencode Police Station, Namakkal District, 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.,) (N.S.J.,) 29.08.2024 Index : Yes/No Speaking order/Non-Speaking order (sha) 4/6

To

1. The State Rep By Its The Deputy Inspector General Of Prison, Coimbatore Range, Gandhipuram, Coimbatore 641018.

2. The Superintendent Of Prison, Coimbatore Central Prison, Gandhipuram, Coimbatore 641018.

3.Public Prosecutor, High Court of Madras.

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S.M.SUBRAMANIAM, J.

and N.SENTHILKUMAR, J.

(sha) 29.08.2024 6/6