Mrs. Zubaitha Begum v. The State Rep. By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.01.2024 CORAM :

THE HONOURABLE MR. JUSTICE M.S.RAMESH AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN in W.P.No.32709 of 2023 Zubaitha Begum

...Petitioner / Mother of the detenue

vs.

1.The State represented by its The Home Secretary, Prison Department (IV), St.George Fort, Secretariat, Chennai - 600 009.

2.The Director General of Prison, Office of Director General of Prison, Gandhi Irwin Road, CMDA Building, Chennai-600 008.

3.The Superintendent of Prison, Office of the Superintendent of Prison, Central Prison at Trichy, Trichy - 620 020.

...Respondents

Writ Miscellaneous Petition filed under Article 226 of the Constitution of India, seeking to grant interim bail until disposal of this Writ Petition pending before this Court, to the husband of the petitioner/ convict, Sarfudheen S/o.Abdul Salam (CT No.24983), aged about 48 years, confined in Central Prison, Trichy.

For Petitioner :

Mr.M.Mohamed Saifulla For Respondents :

Mr.E.Raj Thilak Additional Public Prosecutor Assisted by Mr.C.Aravind

ORDER

(Order of the Court was made by M.S.RAMESH, J.) This Writ Miscellaneous Petition has been filed to release the detenue, Sarfudheen S/o.Abdul Salam (CT No.24983), aged about 48 years, confined in Central Prison, Trichy, on interim bail until the disposal of the Writ Petition.

2.The grievance of the detenue in the main Writ Petition is that though he was entitled to be released prematurely, his request has not been acted

upon, and hence the main Writ Petition has been filed. The present application is one seeking for an interim bail.

3. Heard the learned counsel for the petitioner and Mr.E.Raj Thilak, the learned Additional Public Prosecutor for the respondents.

4. The learned Additional Public Prosecutor, on instructions, submitted that the request of the detenue has already been rejected by the Government. However, at present, the Government has decided to reexamine the request and place it before the competent committee for reconsideration. He also submitted that he has also preferred an appeal before the Supreme Court as against the order of conviction, which is pending.

5. In view of the pendency of the appeal before the Supreme Court, granting of interim bail may not be appropriate. However, it has been brought to our notice that some of the co-accused involved in the subject case were already granted interim bail. Now that we are aware that the

appeal is pending, we deem it appropriate to modify the prayer sought for in the present application to one of granting ordinary leave, in exercise of our powers under Article 226 of the Constitution of India.

6. Rule 22 of the Tamil Nadu Suspension of Sentence Rules, 1982 prescribes the eligibility for the grant of ordinary leave. As per Sub Rule 22

(2) of the Tamil Nadu Suspension of Sentence Rules, life convicts who have been sentenced for over and above 14 years would be entitled to a maximum of 40 days of ordinary leave in one spell or in two spells of any duration. In the case on hand, the petitioner has been convicted and has been undergoing a sentence for more than 20 years.

7. Likewise, Rule 20 Sub Rule 1 (i) of the Tamil Nadu Suspension of Sentence Rules provides for the grant of ordinary leave to a prisoner for making arrangements for the livelihood of his/her family for the settlement of life from the release. We are of the view that the petitioner would be entitled for grant of such ordinary relief under this provision.

8. Therefore, in exercise of our powers, we are inclined to allow this Writ Miscellaneous Petition and permit the petitioner's husband / convict prisoner i.e.,Sarfudheen S/o.Abdul Salam (CT No.24983), aged about 48 years, confined in Central Prison, Trichy, to avail ordinary leave for a period of 40 days without escort, on the following conditions. (i) Respondents are directed to release the Convict Prisoner viz., Sarfudheen S/o.Abdul Salam (CT No.24983), aged about 48 years, confined in Central Prison, Trichy, on Ordinary Leave for a period of 40 days i.e., from 13.01.2024 to 21.02.2024.

(ii) The Convict Prisoner shall be released on 13.01.2024 at 10.00 am and surrender before the Superintendent of Prisons, Central Prison, Trichy, on 21.02.2024 at 05.00 p.m.

(iii) The Convict Prisoner is directed to report before the K1 Sembiyam Police Station, Chennai, twice a week i.e., on every Monday and Thursday at 05.00 pm, during the period of leave.

(iv) During the period of leave, the Probation Officer shall furnish a report touching upon the conduct of the detenue whilst he was on leave.

(v) 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.

9. With the above directions, the Writ Miscellaneous Petition stands allowed.

List the main Writ Petition on 20.02.2024.

(M.S.R.,J.) (S.M.,J.) 11.01.2024 Note to Registry:

1.Issue order copy by 12.01.2024.

2.Upload the order copy forthwith.

Anu

To 1.The Home Secretary, Prison Department (IV), St.George Fort, Secretariat, Chennai - 600 009.

2.The Director General of Prison, Office of Director General of Prison, Gandhi Irwin Road, CMDA Building, Chennai-600 008.

3.The Superintendent of Prison, Office of the Superintendent of Prison, Central Prison at Trichy, Trichy - 620 020.

4.The Inspector of Police, K1 Sembiyam Police Station, Coimbatore

5. The Public Prosecutor, High Court, Madras.

M.S.RAMESH, J

and SUNDER MOHAN, J Anu in W.P.No.32709 of 2023 11.01.2024