Umagandhi S v. The State Represented By Its

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.04.2024

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MR.JUSTICE K.RAJASEKAR S.Umagandhi ... Petitioner -vsThe State represented by its, 1.The Secretary to Government of Tamil Nadu, Department of Home, Fort St. George, Chennai-600 009.

2.The Deputy Inspector General of Prison, Trichy Range, Trichy Central Prison, Trichy-620 020.

3.The Superintendent, Trichy Central Prison, Trichy-620 020.

... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus to call for the records pertaining to the impugned order bearing No.106/Mu.Vu./2024, dated 16.02.2024 passed by the second respondent and quash the same and consequently direct the respondents to grant ordinary leave for 30 days without escort to the detenu, A.K.Subbu @ Subramaniyan, aged about 65 years, convict No.23386 confined at Central Prison, Trichy.

For Petitioner :

Miss.K.Akshaya For Respondents :

Mr.A.Thiruvadi Kumar Additional Public Prosecutor

O R D E R

[Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] This writ petition has been filed by the petitioner seeking to quash the impugned order bearing No.106/Mu.Vu./2024, dated 16.02.2024 passed by the second respondent and consequently, direct the respondents to grant ordinary leave for 30 days without escort to the detenu, A.K.Subbu @ Subramaniyan, aged about 65 years, convict No.23386 confined at Central Prison, Trichy.

2. Today when the matter is taken up for hearing, the learned Additional Public Prosecutor appearing for the respondents would submit that this application has been filed even before the completion of one year period and further the detenu has got pending case in C.C.No.28 of 2013, on the file of the Judicial Magistrate No.6, Trichy. He would further submit that the impugned order also states that the convict has completed 9 months and 24 days.

3. In view of the above, this writ petition is dismissed. No costs. The petitioner is at liberty to renew the application after the convict became eligible for leave.

[A.D.J.C., J.] [K.R.S., J.] NCC :

Yes / No 16.04.2024 Index : Yes / No Internet : Yes / No am

To:

1.The Secretary to Government of Tamil Nadu, Department of Home, Fort St. George, Chennai-600 009.

2.The Deputy Inspector General of Prison, Trichy Range, Trichy Central Prison, Trichy-620 020.

3.The Superintendent, Trichy Central Prison, Trichy-620 020.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

A.D.JAGADISH CHANDIRA, J.

AND K.RAJASEKAR, J.

am 16.04.2024