M. Anusiya v. State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 30.01.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA M.Anusiya ... Petitioner Vs 1.State of Tamil Nadu, Rep. by the Principal Secretary to Government, Home, Prohibition and Excise (Prison IV) Department, Secretariat, Fort St.George, Chennai-600 009.
2.The Director General of Prisons, O/o.Tamil Nadu Prisons Headquarters, Whannels Road, Egmore, Chennai-600 008.
3.The Deputy Inspector General of Prisons and Correctional Services, Trichy Range, Race Course Road, Trichy-620 023.
4.The Superintendent, Central Prison, Trichy-620 020.
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5.The Superintendent of Police, O/o.The Superintendent of Police, Perambalur District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the third respondent vide proceedings in No.651/Kc/2024, dated 03.01.2025 and quash the same as illegal and consequently, direct the respondents to grant 30 days ordinary leave without police escort to the petitioner's husband namely Maheswaran S/o.Kannusamy @ Kandasamy Reddiyar, Convict bearing Convict Periyasamy No.21477, PID No.506923 confined at Central Prison, Trichy.
For Petitioner : Mr.K.A.S.Prabhu For Respondents : Mr.T.Senthil Kumar, Additional Public Prosecutor.
ORDER
(Order of the Court was made by G.R.SWAMINATHAN, J.) Heard both sides.
2. The petitioner's husband is undergoing seven years rigorous imprisonment in Central Prison, Trichy. It is a case involving Section 376 IPC. He has so far spent two years and two months in prison. The 2/6
convict is eligible for 21 days ordinary leave. Since we are mindful of the safety of the victim, we called upon the petitioner to file an appropriate affidavit before this Court. The petitioner herein has filed an affidavit in which she will ensure that during his ordinary leave, her husband will reside with her in her home and that he will not enter Echampatti Village limits where the victim woman resides. Accordingly, the convict-prisoner is granted ordinary leave for 21 days without escort on the following conditions :- (a)The convict prisoner, Maheswaran S/o.
Kannusamy @ Kandasamy Reddiyar (Convict Prisoner No.21477) now detained in the Central Prison, Trichy is granted ordinary leave for 21 days from 01.02.2025 to 21.02.2025.
(b) The convict prisoner shall be released from the prison at 5.00 p.m., on 31.01.2025 and he shall return back to the prison at 10.00 a.m., on 22.02.2025. (c) During the said leave period, he shall report before the Inspector of Police, Perambalur Rural Police Station, Senjeri, daily at 07.00 p.m., from 01.02.2025 onwards, without fail.
(d) During the leave period, the convict prisoner shall abide by all the conditions prescribed in the Jail Manual.
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4.With the above direction, the Writ Petition stands allowed. No costs.
(G.R.S., J.) (R.P., J.) 30.01.2025 Index : Yes / No Internet : Yes / No NCC : Yes / No rmi NOTE:Issue Order Copy on 30.01.2025 4/6
To 1.The Principal Secretary to Government, Home, Prohibition and Excise (Prison IV) Department, Secretariat, Fort St.George, Chennai-600 009.
2.The Director General of Prisons, O/o.Tamil Nadu Prisons Headquarters, Whannels Road, Egmore, Chennai-600 008.
3.The Deputy Inspector General of Prisons and Correctional Services, Trichy Range, Race Course Road, Trichy-620 023.
4.The Superintendent, Central Prison, Trichy-620 020.
5.The Superintendent of Police, O/o.The Superintendent of Police, Perambalur District.
6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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G.R.SWAMINATHAN, J.
AND R.POORNIMA, J.
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