Aneesunnissha v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.11.2024 CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN AneesUnnissha ... Petitioner Vs.
1.The Secretary to Government Department of Law, Courts and Prisons Secretariat, Chennai - 9.
2.The Director General of Prisons Thalamuthu Natarajan Maligai Gandhi Irwin Road Chennai - 8.
3.The Superintendent of Prisons Central Prison, Puzhal, Chennai.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, to call for the records pertaining to the order dated 07.11.2024 made in No.466224.TK.2/2024 on the file of te Superintendent of Prisons, Central Prisons, Puzhal, Chennai, the 3rd respondent herein and quash the same and consequently direct the 3rd respondent to grant 15 days leave to the petitioner.
For Petitioner : Mr.R.Rajan For Respondents : Mr.R.Muniyapparaj
Additional Public Prosecutor
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J.) This petition has been instituted seeking direction to the respondents to consider the representation of the petitioner for grant of 15 days leave.
2. The prisoner was convicted and sentenced to undergo 10 years of imprisonment.
3. The learned counsel for the petitioner would submit that the prisoner is in actual imprisonment for about 9 years and 10 months, the prisoner is taking treatment and in order to continue his treatment in a hospital, he made a application seeking ordinary leave for 15 days.
4. The Superintendent of Prison stated that conduct of the prisoner is satisfactory. No adverse conduct has been noticed against the prisoner inside the prison.
3. Taking note of the facts, the prisoner is maintaining good conduct
inside the prison. We are inclined to consider the present petition, accordingly the prisoner is granted 15 days of Ordinary leave commencing from 04.12.2024 to 18.12.2024.
5. Accordingly, the convict prisoner viz., Mr.Sadiq Basha s/o.Saleem Basha bearing convict No.7132 now confined at Central Prison, Puzhal, Chennai is hereby granted ordinary leave for a period of 15 days, without escort commencing from 04.12.2024 on the following conditions. (i) Respondents are directed to release the Convict Prisoner viz., Mr.Sadiq Basha s/o.Saleem Basha bearing convict No.7132 now confined at Central Prison, Puzhal, Chennai on Ordinary Leave for a period of 15 days i.e., from 04.12.2024 to 18.12.2024.
(ii) The Convict Prisoner shall be released on 04.12.2024 at 10.00 am and surrender before the Central Prison, Puzhal, Chennai on 18.12.2024 at 05.30 p.m.
(iii) The Convict Prisoner is directed to report before the Inspector of Police, D3 Ice House, Police Station, at 11.00 a.m., on every Monday and Thursday during the period of leave.
(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.
6. Accordingly, the writ petition stands allowed by quashing the proceedings No.466224.TK.2/2024 dated 07.11.2024 passed by the third respondent. No Costs.
[S.M.S., J.] [M.J.R., J.] 29.11.2024 Index: Yes/No Speaking/Non-speaking order tsh To 1.The Secretary to Government Department of Law, Courts and Prisons Secretariat, Chennai - 9.
2.The Director General of Prisons Thalamuthu Natarajan Maligai Gandhi Irwin Road Chennai - 8.
3.The Superintendent of Prisons Central Prison, Puzhal, Chennai.
4.The Inspector of Police D3 Ice House Police Station, Chennai.
5. The Public Prosecutor High Court of Madras.
S.M. SUBRAMANIAM, J.
AND M. JOTHIRAMAN, J.
tsh 29.11.2024