Rema v. The Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 11.11.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA Rema ... Petitioner Vs 1.The Secretary to Government, Home Department (Prison), Government of Tamil Nadu, Secretariat, St.George Fort, Chennai-09.

2.The Additional Director General of Police (Prisons)/ The Inspector General of Police, Office of ADGP (Prisons)/I.G of Prisons, Thalamuthu Natarajar Maaligai, Egmore, Chennai-8.

3.The Superintendent of Prison, Central Prison, Palayamkottai.

4.The Superintendent of Police, Kanyakumari, Kanyakumari District.

... Respondents 1/4

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the respondents to grant one month emergency leave without escort to the petitioner's husband by name Sureshkumar @ Suresh @ Vazhakai Suresh Kumar S/o.Thangaraj aged about 45 years a life convict now confined at Central Prison, Palayamkottai for which he requires urgent surgery for an abnormally excessive skin growth in the genital area, which is causing severe pain and poses a risk of cancer if not treated promptly by considering the petitioner's representation dated 20.09.2024. For Petitioner : Mr.B.Micheal Sebastin For Respondents : Mr.T.Senthil Kumar, Additional Public Prosecutor.

ORDER

(Order of the Court was made by G.R.SWAMINATHAN, J.) It is not in dispute that the appeal filed by the convict challenging conviction and sentence is pending before this Court in Criminal Appeal (MD)No.174 of 2023. We grant liberty to the convict to seek interim bail by filing an appropriate application in the said appeal. 2/4

2. The Writ Petition is dismissed with the aforesaid liberty. No costs.

(G.R.S., J.) (R.P., J.) 11.11.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No rmi To 1.The Secretary to Government, Home Department (Prison), Government of Tamil Nadu, Secretariat, St.George Fort, Chennai-09.

2.The Additional Director General of Police (Prisons)/ The Inspector General of Police, Office of ADGP (Prisons)/I.G of Prisons, Thalamuthu Natarajar Maaligai, Egmore, Chennai-8.

3.The Superintendent of Prison, Central Prison, Palayamkottai.

4.The Superintendent of Police, Kanyakumari, Kanyakumari District.

3/4

G.R.SWAMINATHAN, J.

AND R.POORNIMA, J.

rmi 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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