Shamima v. The State Represented By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.12.2024 CORAM :

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

1.The State represented by its, The Deputy Inspector General of Prison, Gandhi Irwin Road, Egmore, Chennai - 600 008.

2.The Superintendent, Puzhal Central Prison-1, ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to grant ordinary leave for 15 days without escort to the detenue, Syed Nawaz, S/o.Syed Imam aged about 48 years bearing Convict No.8480 confined at Central Prison-I, Puzhal.

For Petitioner : Ms.S.Sadhana For Respondents : Mr.R.Muniyapparaj Additional Public Prosecutor

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The writ petition has been instituted to direct the respondents to grant Ordinary Leave for 15 days without escort to the detenue, Syed Nawaz, S/o.Syed Imam aged about 48 years bearing Convict No.8480 confined at Central Prison-I,

2. This Court in W.P.No.34197 of 2024 dated 27.11.2024 has granted Ordinary Leave to the Convict Prisoner for a period of 15 days without escort commencing from 02.12.2024 to 16.12.2024.

3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

4. The learned Additional Public Prosecutor appearing on behalf of the respondents, on instructions, would submit that the Convict Prisoner is undergoing treatment at Stanley Government Hospital, Chennai.

5. Considering the fact that the Convict Prisoner is under continuous treatment at Stanley Government Hospital, Chennai, we are inclined to extend the Ordinary Leave. Therefore, the Convict Prisoner is permitted to avail the Ordinary Leave for a period of six (6) days without escort commencing from 17.12.2024 to 22.12.2024.

(1)The respondents are directed to release the Convict Prisoner viz., Syed Nawaz, S/o.Syed Imam, aged about 48 years bearing CT No.8480, confined at Central Prison-I, Puzhal, Chennai, on Ordinary Leave for a period of six (6) days without escort i.e., commencing from 17.12.2024 to 22.12.2024.

(2)During the leave period, the Convict Prisoner shall abide by all the conditions prescribed in the Jail Manual.

(3)The Convict Prisoner shall utilize the leave only for medical treatment and shall not indulge in any other activities. (4)The Convict Prisoner shall surrender before the Superintendent of Prisons, Central Prison-I, Puzhal, Chennai on 22.12.2024 at 05.00 P.M.

6. With the above directions, this Writ Petition stands allowed. No costs. [S.M.S., J.] [M.J.R., J.] 16.12.2024 Index :

Yes/No Speaking Order :

Yes/No :

Yes/No kak Note: Issue order copy on 16.12.2024.

To 1.The Deputy Inspector General of Prison, The State, Gandhi Irwin Road, Egmore, Chennai - 600 008.

2.The Superintendent, Puzhal Central Prison-1, 3.The Additional Public Prosecutor, Madras High Court.

S.M.SUBRAMANIAM, J.

AND M.JOTHIRAMAN , J.

kak 16.12.2024