Yokanayaki v. The State Represented By Its

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.05.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P.(MD) No.10120 of 2023 Yokanayaki ... Petitioner -vsThe 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 Trichy ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus to call for records pertaining to the impugned order Moo.Mo.No.6876/Tha.Ku.4/2023, dated 03.05.2023, passed by the third respondent and quash the same as illegal and consequently direct the respondents to grant emergency leave for 6 days without escort to the detenue Jeyakanthan, son of Samikannu, aged about 26 years, Convict No. 24153 at Central Prison, Trichy.

For Petitioner :

Mr.S.Manoharan For Respondents :

Mr.T.Senthil Kumar Additional Public Prosecutor

O R D E R

Heard the learned counsel on either side.

2. As rightly pointed out by the learned Additional Public Prosecutor appearing for the respondents, the petitioner had already moved this Court by filing a writ petition in W.P.(MD) No.10489 of 2023 seeking a direction to the respondents to grant ordinary leave for forty days to the

detenu and the earlier Division Bench of this Court was not inclined to accept the said request. Thereupon, the petitioner had withdrawn the said writ petition with liberty to move this Court for suspension of the sentence. Instead of filing a petition for suspension of sentence at least for the interim period, the petitioner chose to file a fresh writ petition. We are of the clear view that the present writ petition is not in consonance with the liberty granted in the earlier writ petition. The petitioner has to necessarily apply for suspension of sentence or seek interim bail. With this liberty to the petitioner, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

[G.R.S., J.] [S.S.Y., J.] 11.05.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk / btr

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, Trichy.

G.R.SWAMINATHAN , J.

and S.SRIMATHY , J.

krk / btr and W.M.P.(MD) No.10120 of 2023

11.05.2023