Nandhini v. The State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.11.2024 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN Nandhini ... Petitioner Vs.

1.

The State represented by its, The Deputy Inspector General of Prison, Coimbatore Range, Gandhipuram, Coimbatore - 641 012.

The Superintendent of Prison, Central Prison at Coimbatore, Gandhipuram, Coimbatore - 641 012.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, to direct the respondents to grant 28 days Ordinary Leave without escort to the petitioner's grandfather/Convict namely Mr.Rengan @ Chinnathambi S/o. Sadaiyan (CT No.16440).

For Petitioner : Mr.M.Mohamed Saifulla For Respondents : Mr.R.Muniyapparaj Additional Public Prosecutor

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The writ of mandamus has been instituted to direct the respondents to grant 28 days Ordinary Leave to the convict prisoner viz., Rengan @ Chinnathambi S/o. Sadaiyan, bearing Convict No.16440 confined at Central Prison, Coimbatore.

Mr.M.Mohamed Saifulla, the learned Counsel appearing on behalf of the petitioner would submit that the prisoner is in actual imprisonment for about 09 years. The prisoner's son had died on 29.10.2024 and the prisoner attended the funeral by availing one day Emergency Leave. However, the 16th day ceremony is fixed on 13.11.2024. Therefore, the prisoner submitted an application seeking Ordinary Leave for 28 days, which is kept and no decision has been taken.

3.

Regarding the conduct of the prisoner, the learned Additional Public Prosecutor appearing on behalf of the respondents would submit that the prisoner has availed leave on earlier occasion with escort.

4.

However, the learned Counsel for the petitioner would submit that the prisoner is now aged about 70 years and not suffer any prison punishment during his imprisonment for the past about 09 years. 5.

That being the factum, we are inclined to grant 6 days Emergency Leave to the convict prisoner commencing from 13.11.2024. 6.

Accordingly, the convict prisoner viz., Rengan @ Chinnathambi S/o. Sadaiyan, bearing CT No.16440 confined at Central Prison, Coimbatore is hereby granted Emergency Leave for 6 days without escort commencing from 13.11.2024, on the following conditions:

i) Respondents are directed to release the convict prisoner viz., Rengan @ Chinnathambi S/o. Sadaiyan, bearing CT No.16440 confined at Central Prison, Coimbatore on Emergency Leave for a period of 6 days without escort commencing from 13.11.2024 to 18.11.2024.

(ii) The Convict Prisoner shall be released on 13.11.2024 at 10.30 A.M. and surrender before the Superintendent, Central Prison, Coimbatore on 18.11.2024 at 05.30 P.M.

(iii) The Convict Prisoner shall appear before Varapalayam Police Station, Erode District everyday at 11.00 A.M., during the period of leave, except the date of release and surrender.

(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.] [M.J.R., J.] 12.11.2024 Index: Yes/No Speaking/Non-speaking order veda Note: Issue Order Copy today i.e., on 12.11.2024. To 1.

The Deputy Inspector General of Prison, Coimbatore Range, Gandhipuram, Coimbatore - 641 012.

The Superintendent of Prison, Central Prison at Coimbatore, Gandhipuram, Coimbatore - 641 012.

3.

The Public Prosecutor, Madras High Court, Chennai - 600 104.

S.M.SUBRAMANIAM, J.

AND M.JOTHIRAMAN, J.

veda 12.11.2024