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Madras High CourtWP/32794/2022closed

Arunkumar v. The State Rep. By

2022-12-07Honourable Mr Justice P. N. Prakash,Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07..12..2022 Coram The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mr. Justice N.ANAND VENKATESH Writ Petition No.32794 of 2022 Arunkumar ..... Petitioner -Versus1.The State Rep. by its Superintendent of Police, Central Prison, Cuddalore, Cuddalore.

2.The Deputy Superintendent of Police, CBI/SCB/Chennai, Chennai.

(RC3(b)/2004/CBI/SCB/Chennai) .... Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 1st respondent to consider the relevant medical records and grant petitioner's father Mr.Ramadoss, S/o Kaliyaperumal, now confined at Central Prison, Cuddalore, an emergency medical leave for a period of one month by considering, the petitioner's representation dated 25.07.2022.

For Petitioner : Mr.K.M.Balaji For Respondents : Mr.R.Muniyapparaj, Additional Public Prosecutor

ORDER

[Order of the Court was made by P.N.PRAKASH.J.,] After giving a representation seeking one month emergency leave under The Tamil Nadu Suspension of Sentence Rules, 1982, for the convict prisoner Ramadoss, the son of the convict prisoner has come up with the present petition.

2. When the matter was taken up for hearing, Mr.R.Muniyapparaj, the learned Additional Public Prosecutor, on instructions, submitted that the representation of the petitioner dated 01.08.2022 has been rejected on 03.08.2022 on the ground that the said convict prisoner would not be entitled to emergency leave for one month and that under the Tamil Nadu Suspension of Sentence Rules, a convict prisoner can at the most be given 15 days of emergency leave in four stages (6 + 3 + 3+3). It was also informed to the petitioner that the convict prisoner may be eligible for consideration for ordinary leave for 28 days.

3. At this juncture, the learned counsel for the petitioner submitted that the petitioner will made a separate representation in this regard.

4. Recording the same, this writ petition stand closed. (P.N.P., J.) (N.A.V.,J.) 07..12..2022 Index: Yes/No kmk To 1.The Superintendent of Police, Central Prison, Cuddalore, Cuddalore.

2.The Deputy Superintendent of Police, CBI/SCB/Chennai, Chennai.

(RC3(b)/2004/CBI/SCB/Chennai) 3.The Public Prosecutor, High Court, Madras.

P.N.PRAKASH.J., AND N.ANAND VENKATESH.J., kmk 07..12..2022