M.Rajeswari v. The State Represented By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.09.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR AND THE HONOURABLE MR.JUSTICE R.SAKTHIVEL W.P.NO.25549 OF 2023 M.Rajeshwari .. Petitioner VS.

The State represented by its 1.The Secretary to Government of Tamil Nadu Department of Home, Fort St. George, Chennai - 600 009.

2.The Deputy Inspector General of Prison Madurai Range, Madurai - 625 001.

3.The Superintendent Central Prison Palayamkottai - 627 007.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying Writ of Mandamus directing the respondents to extend the leave for two months without escort from 01.09.2023 to the detenu Satishkumar S/o. Ponmani, aged about 36 years, life Convict No.5247, detained at Central Prison, Palayamkottai.

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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' [hereinafter 'WP' for the sake of convenience, clarity and brevity]. 2.Captioned writ petition pertains to a plea of two months leave without escort for writ petitioner's spouse one Thiru. Satishkumar (son of Thiru. Ponmani) aged 36 years, a prison inmate {Life Convict (Convict No.5247)} an inmate qua Central Prison, Palayamkottai ('writ petitioner's spouse' shall hereinafter be referred to as 'prison inmate' for the sake of convenience and clarity).

3.Prison inmate was granted 28 days leave by the second respondent. Thereafter, the matter travelled to this Court for further leave and this Court made an order dated 28.07.2023 in W.P.No.22492 of 2023 and a scanned reproduction of the same is as follows: 2/13

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4.Today, Dr.S.Manoharan, learned counsel for writ petitioner has placed before us a Certificate signed by a Medical Doctor on 09.09.2023 and a scanned reproduction of the same is as follows: 7/13

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5.Learned counsel adverting to the aforementioned Certificate submits the expected date of delivery (to be noted, writ petitioner is an expectant mother) is 13.10.2023.

6.Issue notice.

7.Mr.E.Raj Thilak, learned State Additional Public Prosecutor accepts notice for all respondents.

8.Learned Prosecutor pointed out that the expected date of delivery is only 13.10.2023 and therefore, this may not be a case of imminence.

9.In response to above submission of learned Prosecutor, learned counsel for petitioner submitted that other than the aged mother, there is no one to take care of the writ petitioner and therefore, it would be ideal if the writ petitioner's spouse is physically present with the writ petitioner for a fortnight before and after the delivery. 9/13

10.It is made clear that earlier order dated 28.07.2023 in W.P.No.22492 of 2023 shall now be read as an integral part and parcel of this order. The earlier order contains all essential facts that are imperative for appreciating this order and therefore, we are not setting out the same here again.

11.We find that nothing untoward had happened in the earlier spell of leave and we are informed that the convict prisoner is duly complying with the conditions imposed earlier. We also find that the conduct of the prison inmate while in incarceration has been blemishless and the prison inmate has not come to the adverse notice of the prison authorities. In our considered view, this means that there is enough reason to believe that the prison inmate is gravitating towards reformation. Therefore, we deem it appropriate to say that the prison inmate shall now be given one calender month leave i.e., from 10.30 am on 01.10.2023 to 05.30 p.m. on 31.10.2023.

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12.The prison inmate shall surrender before the third respondent on 01.11.2023 (Wednesday) by dusk i.e., by 05.30 p.m. 13.All the conditions for leave which we have put in place vide our earlier order dated 28.07.2023 in W.P.No.22492 of 2023 including the conditions put in place by the second respondent for grant of 28 days leave will continue to operate in the ensuing one month leave period also. 14.Captioned writ petition is disposed of in the aforesaid manner. There shall be no order as to costs.

(M.S., J.) (R.S.V., J.) 15.09.2023 Index : Yes Speaking Note : Upload forthwith TK 11/13

To 1.The Secretary to Government of Tamil Nadu Department of Home, Fort St. George, Chennai - 600 009.

2.The Deputy Inspector General of Prison Madurai Range, Madurai - 625 001.

3.The Superintendent Central Prison Palayamkottai - 627 007.

4.The Public Prosecutor High Court, Madras.

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M.SUNDAR, J.

AND R.SAKTHIVEL, J.

TK W.P.NO.25549 OF 2023 15.09.2023 13/13