Kalaiarasan v. The Additional Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.11.2023

CORAM

THE HONOURABLE MR. JUSTICE S.S. SUNDAR AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN in W.P.No.19378 of 2023 Kalaiarasan ... Petitioner Vs.

1.The Additional Director General of Prisons, Whannels Road, Egmore, Chennai - 600 008.

2.The Superintendent of Prison, Central Prison, Vellore - 632 002.

... Respondents Writ Miscellaneous Petition filed under Article 226 of the Constitution of India to grant extension of leave granted to Mr.Krishnan P, S/o.Pachiayappan (Life Convict Prisoner No.2257) by order of this Court dated 31.10.2023 in W.P.No.19378 of 2023 for a further period of three weeks.

For Petitioner :

Mr.L.Sivakumar For Respondents :

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

O R D E R

(Order of the Court was made by S.S. SUNDAR, J.) This petition is filed for extension of leave granted to the convict prisoner by name P.Krishnan (Convict No.2257), now confined at Central Prison, Vellore.

2. This Court earlier granted leave for the period from 10.11.2023 to 24.11.2023 for the purpose of enabling the convict prisoner to admit himself in hospital for removal of kidney stone and for placing stent connecting kidney and bladder. Now, it is reported that the kidney stone has been successfully removed. However, the petitioner seeks extension of leave as the doctor who did the procedure has given an advice that the convict prisoner should take rest at least for a period of three weeks after the medical procedure. The medical advice given to the convict prisoner is also confirmed by

the Probation Officer after holding enquiry. The doctor who treated the convict prisoner has stated that the convict prisoner should be under post-operative care to avoid any urinary infection till the stent is removed.

3. Having regard to the nature of opinion given by the medical officer, this Court is of the view that the bonafides of the petition cannot be doubted. Hence this petition is ordered and the leave already granted to the convict prisoner vide order dated 31.10.2023 in W.P.No.19378 of 2023 is extended till 06.12.2023 on the very same conditions imposed in the aforesaid order dated 31.10.2023. The convict prisoner shall surrender before the Central Prison, Vellore on 06.12.2023 at 5.00 p.m.

(S.S.S.R., J.) (S.M., J.) 24.11.2023 Index : Yes / No mmi Note: (i) Upload forthwith (ii) Issue Today

S.S. SUNDAR , J.

and SUNDER MOHAN, J.

mmi To 1.The Additional Director General of Prisons, Whannels Road, Egmore, Chennai - 600 008.

2.The Superintendent of Prison, Central Prison, Vellore - 632 002.

3.The Public Prosecutor, High Court, Madras.

in W.P.No.19378 of 2023 24.11.2023