Yokanayaki v. The State Represented By Its

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR AND THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN Yokanayaki ... Petitioner / Sister of the detenue Vs.

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

2.The Deputy Inspector General of Prison, Trichy Zone, Trichy-625 001.

3.The Superintendent, Trichy Central Prison,

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to grant ordinary leave 1/4

for 40 days without escort to the detenue, namely, Jeyakanthan, S/o.Samikannu, aged about 26 years, Convict No.24153 at Central Prison, For Petitioner : Mr.S.Manoharan For Respondents : Mr.E.Antony Sahaya Prabakar, Additional Public Prosecutor

ORDER

(Order of the Court was made by R.SURESH KUMAR, J.) Mr.S.Manoharan, learned counsel appearing for the petitioner wants to withdraw this Writ Petition with liberty to move a petition to suspend the sentence in Crl.A.(MD)No.540 of 2022, which is already filed by the detenue and pending before this Court, in the first vacation Court itself., ie., first week of May, 2023, since the marriage for the detenue had already been fixed.

2.Considering the said submission made by the learned counsel for the petitioner and after hearing Mr.E.Antony Sahaya Prabakar, who takes notice on behalf of the respondents, we are inclined to dismiss this 2/4

Writ Petition as withdrawn with the aforestated liberty to the petitioner to move the concerned petition in the first vacation Court. Accordingly, this Writ Petition stands dismissed as withdrawn. No costs. (R.S.K., J.) & (K.K.R.K, J.) 28.04.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No MYR To 1.The Secretary to Government of Tamil Nadu, Home Department, Fort St.George, Chennai-600 009.

2.The Deputy Inspector General of Prison, Trichy Zone, Trichy-625 001.

3.The Superintendent, Trichy Central Prison, 3/4

R.SURESH KUMAR, J.

AND K.K.RAMAKRISHNAN, J.

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

28.04.2023 4/4