Divyabharathi v. State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2024
CORAM
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR W.P.(MD).No.10524 of 2024 Divyabharathi .. Petitioner Vs.
1.State of Tamilnadu, Rep. by the Secretary to Government, Home (Prison IV) Department, Secretariat, Fort St George, Chennai-600 009.
2.The Director General of Police and Inspector General of Prisons and Correctional Services, Whannels Road, Egmore, Chennai-600 008.
3.The Deputy Inspector General of Prisons and Correctional Services, Trichy Range, Subramaniyapuram, Trichy-620 020.
4.The Superintendent of Prison,
Trichy Central Prison, Trichy.
.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the respondents to grant 30 days of ordinary leave for the petitioner's husband namely B.Gnanam (CP 23944) son of Benjamin, aged about 35 years, confining at Trichy Central Prison as convict for make arrangements of his sister B.Gilda Arulmozhi's marriage which was scheduled on 26.05.2024.
For Petitioner : Mr.R.Venkatesan For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor
ORDER
(Order of the Court was made by A.D.JAGADISH CHANDIRA,J.) The present Writ Petition is filed for a writ of mandamus seeking to direct the respondents to grant 30 days of ordinary leave for the petitioner's husband namely B.Gnanam (CP 23944) son of Benjamin, aged about 35 years, confining at Trichy Central Prison as convict for make arrangements of his sister B.Gilda Arulmozhi's marriage which is scheduled to be held 26.05.2024.
2. When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the respondents would submit that the representation of the petitioner, dated 18.01.2024 has been rejected on the ground that the convict has not completed three years period and further there is also a bar under Rule 21(c) of the Suspension of Sentence Rules, 1982 and also the objection of the police. He further submitted that if the convict is eligible for emergency leave as per the rules, it will be considered and suitable orders will be passed.
3. Recording the submission of the learned Additional Public Prosecutor appearing for the respondents, this writ petition is closed. No costs.
(A.D.J.C.,J.) (K.R.S.,J.) 29.04.2024 NCC : Yes / No Index : Yes / No am
To 1.The Secretary to Government, Home (Prison IV) Department, Secretariat, Fort St George, Chennai-600 009.
2.The Director General of Police and Inspector General of Prisons and Correctional Services, Whannels Road, Egmore, Chennai-600 008.
3.The Deputy Inspector General of Prisons and Correctional Services, Trichy Range, Subramaniyapuram, Trichy-620 020.
4.The Superintendent of Prison, Trichy Central Prison, Trichy.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
A.D.JAGADISH CHANDIRA,J.
and K.RAJASEKAR,J.
am W.P.(MD).No.10524 of 2024 29.04.2024