R.Jansi Rani v. The Chief Secretary To The Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.09.2024 CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE V.SIVAGNANAM R.Jansi Rani ... Petitioner Vs.
1.The Chief Secretary to the Government, Union of Puducherry, Chief Secretary, Puducherry.
2.The Inspector General of Police, Government of Puducherry, Jail Department, Puducherry.
3.The Chief Superintendent of Jails, Government of Puducherry, Jail Department, Puducherry.
4.The Superintendent of Central Prison, Kalapet, Puducherry (Union Territory of Puducherry), Puducherry.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, to direct to the respondents to grant 30 days of parole to the husband of the petitioner namely Vengadesh @ Dhanasegar S/o. Vijaya Kannan by considering the petitioner husband representation dated 19.08.2024.
For Petitioner : Mr.R.Thamarai Selvan For Respondents : Mr.K.S.Mohandass, Public Prosecutor (Puducherry)
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J.) The Writ Petition on hand has been instituted for granting 30 days of parole to the husband of the petitioner namely Vengadesh @ Dhanasegar S/o. Vijaya Kannan by considering the petitioner husband representation dated 19.08.2024.
2. As per the learned Public Prosecutor (Puducherry) no adverse conduct of the convict prisoner has been noticed inside the prison. On earlier occasion, the convict prisoner availed ordinary leave and emergency leave and reported back to prison without committing any further offence or misconduct.
3. The learned counsel for the petitioner would submit that the marriage function of the brother of the convict prisoner is scheduled to be held on 15.09.2024. A copy of the marriage certificate has been filed along with this Writ Petition.
4. The learned Public Prosecutor (Puducherry) would oppose granting of the ordinary leave to the accused by stating that petitioner is not eligible to avail leave as per Rule 832 of the Puducherry Prison Rules, 2021, since he has not completed two years of imprisonment period from the date of availing ordinary leave from the earlier occasion.
5. Considering the fact that there is no adverse conduct noticed by the prisoner authorities and the fact that the marriage of the brother of the convict prisoner is scheduled to be held on 15.09.2024, we are inclined to grant 10 days emergency leave to the convict prisoner.
6. Accordingly, the convict prisoner viz., Vengadesh @ Dhanasegar S/o. Vijaya Kannan, now confined at Central Prison, Kalapet, Puducherry, is hereby granted emergency leave for a period of 10 days, without escort commencing from 13.09.2024 on the following conditions.
(i) Respondents are directed to release the Convict Prisoner viz., Vengadesh @ Dhanasegar S/o. Vijaya Kannan now confined at Central Prison, Kalapet, Puducherry, on emergency Leave for a period of 10 days i.e., from 13.09.2024 to 22.09.2024.
(ii) The Convict Prisoner shall be released on 13.09.2024 at 10.00 am and surrender before the Superintendent, Central Prison, Kalapet, Puducherry, on 22.09.2024 at 05.30 p.m. (iii) The Convict Prisoner is directed to report before the Inspector of Police, Mudaliarpet Police Station, Puducherry on 16.09.2024 and 20.09.2024 at 05.30 pm, 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.
7. Accordingly, the writ petition stands disposed of. No Costs. [S.M.S., J.] [V.S.G., J.] 09.09.2024 Index: Yes/No Speaking/Non-speaking order gd
To 1.The Chief Secretary to the Government, Union of Puducherry, Chief Secretary, Puducherry.
2.The Inspector General of Police, Government of Puducherry, Jail Department, Puducherry.
3.The Chief Superintendent of Jails, Government of Puducherry, Jail Department, Puducherry.
4.The Superintendent of Central Prison, Kalapet, Puducherry (Union Territory of Puducherry), Puducherry.
4. The Public Prosecutor (Puducherry) High Court of Madras.
S.M.SUBRAMANIAM, J.
AND V.SIVAGNANAM, J.
gd 09.09.2024