Sengaisamy v. The State Rep By Its
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 24.10.2024
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN and THE HON'BLE MS.JUSTICE R. POORNIMA Sengaisamy ... Petitioner Vs
1. The Principal Secretary to Government Home, Prohibition and Excise(Prison-IV)Department Fort.St.George, Chennai - 600 009.
2. The Director General of Prisons Director General of Prisons and Correctional Services, O/o. Tamil Nadu Prisons Head Quarters Whannels Road, Egmore, Chennai- 600 008.
3. The Deputy Inspector General of Prison Madurai Range, Central Prison Campus, Madurai. 625 016
4. The Superintendent of Prisons, Central Prison, Madurai
5. The Superintendent of Police District Police Office, Sivagangai ... Respondents 1/7
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 relating to the impugned order passed by the third respondent vide his proceedings in No.531/cj2/2024 dated 11.09..2024 and quash the same as illegal and void and consequently grant 21 days ordinary leave without police escort to the petitioner namely Sengaisamy, S/o.Thandithevar, aged about 53 years life convict, C.P.No.6054 now confined at Central Prison, Madurai- 625 016 forthwith a considering his representation dated 30.07.2024.
For Petitioner : Mr.C.Karthikeyan For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor.
ORDER
The Writ Petition has been filed in the nature of Certiorarified Mandamus seeking to call for the records of the third respondent dated 11.09.2024 in No.531/cj2/2024 and quash the same and direct the respondent to grant ordinary leave for a period of 21 days to the 2/7
petitioner namely Sengaisamy, S/o.Thandithevar, aged about 53 years life convict, C.P.No.6054 now confined at Central Prison, Madurai.
2. The petitioner had earlier given representation dated 30.07.2024,which, by the aforementioned proceedings the third respondent had rejected.
3. In the affidavit filed the petitioner had stated that the he has to make marriage arrangement for his daughter, therefore he had sought leave on that ground. In the proceedings of the third respondent, which is impugned in the writ petition, it had been stated that the petitioner had preferred a further appeal before the Hon'ble Supreme Court in Diary No.33253 of 2024.
4. In view of that particular fact, we had sought for further report about the genuinity of the reason and whether any hostility still prevails in that area.
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5. We have received a report from the Probationary Officer stating that it is a fact that arrangements are being contemplated for the marriage of the daughter of the petitioner herein.
6. The learned Additional Public Prosecutor forwarded a copy of the written instructions given by the Inspector of Police,Thirupuvam Police station, who had stated that in the police station no specific information had been received on the hostility but stated that if he is still granted leave the same should be granted with escort. However we are informed that the offences for which the petitioner stood convicted took place in the year 2003. It has also been sated that on an earlier occasion leave had been granted to the petitioner and the petitioner had always complied with the conditions imposed by this Court.
7. We are also note that the affidavit had been filed by the petitioner himself and therefore he would act on the responsibility over the averments made in the affidavit.
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8. Taking into consideration all these factors, we quash the order of the third respondent dated 11.09..2024 and grant ordinary leave to the petitioner namely Sengaisamy, S/o.Thandithevar, aged about 53 years life convict, C.P.No.6054 for a period of 21 days without escort commencing from 29.10.2024 @ 11.00 am., to 18.11.2024 @5.00 pm., However inorder to ensure safety to the petitoiner, the petitioner shall report before the Inspector of Police, Thirupuvanam Police Station, Sivagngai District everyday at 10.30 a.m.,and 5.30 pm., without fail.
9. In the result, the Writ Petition stands allowed. (C.V.K., J.) (R.P, J.) 24.10.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No aav Note: Issue order copy on 28.10.2024 5/7
To
1. The Principal Secretary to Government Home, Prohibition and Excise(Prison-IV)Department Fort.St.George, Chennai - 600 009.
2. The Director General of Prisons Director General of Prisons and Correctional Services, O/o. Tamil Nadu Prisons Head Quarters Whannels Road, Egmore, Chennai- 600 008.
3. The Deputy Inspector General of Prison Madurai Range, Central Prison Campus, Madurai. 625 016
4. The Superintendent of Prisons, Central Prison, Madurai
5. The Superintendent of Police District Police Office, Sivagangai 6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Copy to The Inspector of Police Thirupuvanam Police Station Sivagangai Police Station.
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C.V.KARTHIKEYAN, J.
and R.POORNIMA, J.
aav 24.10.2024 7/7