Dhanalakshmi v. The State Rep. By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.12.2024
CORAM:
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN Dhanalakshmi ... Petitioner Vs.
The State rep. by its, 1.The Secretary to Government of Tamil Nadu, Home Department, Fort St.George, Chennai - 600 094.
2.The Deputy Inspector General of Prison, Vellore Range, Vellore Central Prison, Vellore - 632 002.
3.The Superintendent, Cuddalore Central Prison, Cuddalore - 607 004.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order No.15973/Tha.Ku.2/2024 dated 1/6
21.10.2024, issued by the 3rd respondent and quash the same and consecutively direct the respondents to grant ordinary leave of 30 days without escort to the detenu, Jothi, S/o.Kovindasamy, aged about 59 years, CT.No.17014, confined at Central Prison, Cuddalore. For Petitioner : Dr.S.Manoharan For Respondents : Mr.R.Muniyapparaj Additional Public Prosecutor
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J.) The rejection of the leave application in the impugned order dated 21.10.2024 is sought to be set aside in the present Writ Petition.
2. The order impugned in this petition reveals that since an SLP(Crl.No.011241/2022) is pending before the Hon'ble Supreme Court, the convict prisoner is not eligible for grant of leave and hence, the leave application was rejected.
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3. The Probation Officer in his report dated 05.12.2024 stated that the reason assigned by the convict prisoner in his leave application is correct. The Prison Authorities informed that there is no misconduct noticed in the behaviour of the convict prisoner inside the prison.
4. Taking note of the above facts and circumstances, we are inclined to grant 21 days ordinary leave to the convict prisoner.
5. Accordingly, the Writ Petition stands allowed and the impugned order dated 21.10.2024 passed in No.15973/Tha.Ku.2/2024 is set aside. Consequently, the convict prisoner viz., Jothi, aged about 59 years, S/o.Kovindasamy, bearing Convict No.17014, confined at Central Prison, Cuddalore, is hereby granted ordinary leave for a period of 21 days, without escort commencing from 11.12.2024 on the following conditions:- (i) Respondents are directed to release the Convict Prisoner viz., Jothi, aged about 59 years, S/o.Kovindasamy, bearing Convict No.17014, confined at Central Prison, Cuddalore,, for a period of 21 days, i.e., from 11.12.2024 till 31.12.2024.
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(ii) The Convict Prisoner shall be released on 11.12.2024 at 10.30 A.M. and surrender before the Jail Authority on 31.12.2024 at 05.30 P.M. During the period of leave, the convict prisoner shall report before the jurisdictional Police i.e. Viruthachalam Police Station, Cuddalore District, twice a week on Mondays and Thursdays at 11.00 a.m.
(iii) 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.
No costs.
(S.M.S, J.) (M.J.R, J.) 06.12.2024 Index: Yes Internet: Yes/No Speaking order/Non-speaking order Sni 4/6
To 1.The Secretary to Government of Tamil Nadu, Home Department, Fort St.George, Chennai - 600 094.
2.The Deputy Inspector General of Prison, Vellore Range, Vellore Central Prison, Vellore - 632 002.
3.The Superintendent, Cuddalore Central Prison, Cuddalore - 607 004.
4.The Public Prosecutor, High Court of Madras, Chennai.
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S.M.SUBRAMANIAM, J.
and M.JOTHIRAMAN, J.
Sni 06.12.2024 6/6