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Madras High CourtWP/34198/2024allowed

Rajeshwari v. The Superintendent Of Prison

2024-11-25Honourable Mr Justice S.M. Subramaniam,Honourable Mr.Justice M.Jothiraman4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.11.2024 CORAM :

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE M.JOTHIRAMAN Rajeshwari W/o Rahuman ..

Petitioner v.

The Superintendent of Prison Central Prison Puzhal, Chennai ..

Respondent Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondent to grant six days emergency leave for petitioner's husband, namely, Rahuman, S/o Zakir Hussain, aged about 36 years, Convict No.5249, Convict Prisoner, Central Prison, Puzhal.

For Petitioner ::

Mrs.S.Nadhiya For Respondent ::

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 respondent to grant six days emergency leave for the petitioner's husband, namely, Rahuman, S/o Zakir Hussain, Convict No.5249.

2. The learned counsel for petitioner would submit that the mother of the prisoner is seriously ill. The reason stated in the leave application is found to be correct by the Probation Officer. The brother in law of the prisoner also recently died. The learned counsel for petitioner would submit that the prisoner and his brother in law are closely associated.

3. Since the reasons stated are found to be genuine, we are inclined to pass the following order:- (i) The prisoner, namely, Rahuman, S/o Zakir Hussain, aged about 36 years, Convict No.5249, who is confined in Central Prison, Puzhal, Chennai is granted six days emergency leave without escort. (ii)The leave shall commence from 28.11.2024 10.30 A.M., and the

prisoner shall surrender before the respondent by 5.30 P.M., on 03.12.2024.

The writ petition stands allowed on the above terms. No costs. Index : yes/no (S.M.S.,J.) (M.J.R.,J.) 25.11.2024 ss To

1. The Superintendent Central Prison Puzhal, Chennai 600 066

2. The Public Prosecutor High Court, Madras

S.M.SUBRAMANIAM,J.

AND M.JOTHIRAMAN,J.

ss 25.11.2024