Santhi v. The State Represented By Its
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 14.08.2024
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN and THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD and W.M.P(MD)No.16526 of 2024 Santhi ... Petitioner Vs 1.The State Represented by its, The Secretary to Government of Tamil Nadu, Home Department, Fort St.George, Chennai - 600 009.
2. The Deputy Inspector General of Prison, Trichy Range, Trichy Central Prison, Trichy - 620 020.
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3. The Superintendent, Central Prison, Trichy - 620 020.
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... 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 pertaining to the Impugned Order bearing No. ROTRY/258/2024, dated 23.07.2024, passed by the 2nd respondent and quash the same and consecutively direct the respondents to grant ordinary leave for 30 days without escort to Aravind, S/o.Raj, aged about 26 years, life Convict No.23922, detained at Central Prison, Trichy. For Petitioner : Ms.K.Akshaya For Respondents : Mr.A.Thiruvadi Kumar, Additional Public Prosecutor.
ORDER
The Writ Petition has been filed in the nature of a Certiorarified Mandamus seeking records of an order, dated 23.07.2024 of RO-TRY/258/2024 passed by the second respondent, Deputy Inspector General of Prison, Trichy Range, Trichy Central Prison and quash the same and direct the respondents to grant ordinary leave for 30 2/7
days without escort to the son of the petitioner, Aravind, who is the life Convict No.23922 and detained at Central Prison, Trichy.
2. The reason sought for such leave is to arrange marriage of his sister and also owing to various medical issues which the petitioner/his mother is facing. It is stated that sister had completed her B.E., and working in Chennai. The parents are old, and are also facing economic difficulties and therefore, the petitioner is of the opinion that the presence of her son would be advantageous to arrange a suitable groom for her daughter.
3. Quite apart from that particular fact, it is also stated that the petitioner herself is taking treatment for dizziness and the Doctor had opined that series of test will have to be done. At this time, she is of the opinion that the presence of her son would be of much assistance to her.
4. A report had been forwarded on behalf of the respondents and it is stated that the appeal filed against the judgment of the trial Court in Crl.A.(MD)No.504 of 2022, is still pending. 3/7
5. A report had been forwarded by Mr.A.Thiruvadikumar, learned Additional Public Prosecutor, from the Probation Officer who had examined the reasons given and had confirmed that the sister of the detenu/ convict prisoner requires to be married and also about the illness of the petitioner herein.
6. It is also seen from the records that 3 days had already been given as a leave on the earlier occasion. Balancing all the factors, we would grant eleven (11) days ordinary leave to the petitioner herein from 19.08.2024 to 29.08.2024.
7. Accordingly, this writ petition is allowed and the convict prisoner is granted ordinary leave for eleven (11) days with escort on the following conditions:- (a)The detenu/life convict, Mr.Aravind, S/o.Raj, aged 26 years, [Convict No.23922], now detained in the Central Prison, Trichy, is granted ordinary leave for eleven (11) days from 19.08.2024 to 29.08.2024. (b)The detenu shall be released from the prison at 4/7
10.00 a.m., on 19.08.2024 and he shall return back to the prison at 7.00 p.m., on 29.08.2024.
(c)The third respondent is directed to provide minimum escort to the convict from the Central Prison at the time when he leaves the prison and till such time, he is taken back to the prison. It is clarified that the cost involved in providing escort shall be borne by the petitioner.
Consequently, connected miscellaneous petition is closed.
8. We are confident that whoever is appointed as an escort would permit the convict prisoner to move around for the purpose for which the leave has been granted namely, to arrange a groom for his sister and also for the medical condition of his mother. (C.V.K., J.) (J.S.N.P, J.) 14.08.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No RM 5/7
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 Range, Trichy Central Prison, Trichy - 620 020.
3. The Superintendent, Central Prison, Trichy - 620 020.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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C.V.KARTHIKEYAN, J.
and J.SATHYA NARAYANA PRASAD, J.
RM 14.08.2024 7/7