M. Saranya v. State Of Tamil Nadu

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 M.Saranya ... Petitioner Vs

1. The Principal Secretary to Government Home, (Prison-IV)Department Secretariart, Fort.St.George, Chennai - 600 009.

2. The Director General of Prisons O/o. Tamil Nadu Prisons Head Quarters Whannels Road, Egmore, Chennai- 600 008.

3. The Deputy Inspector General of Prison and Correctional Services Trichy Range, Race Course Road, Trichy 620 023

4. The Superintendent of Prisons, Central Prison, Trichy- 620 020

5. The Superintendent of Police Coimbatore District 1/8

6.. The Superintendent of Police Pudukottai District ... 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 relating to the impugned order passed by the fourth respondent vide proceedings in No.15554/jF4/2024 dated 10.10.2024 and quash the same as illegal and consequently direct the respondents to grant 30 days ordinary leave without police escort to the petitioner's husband namely Mahendran, S/o.Chidambaram, Life Convict Prisoner No.24829, PID No. 191183 confined at Central Prison, Trichy. For Petitioner : Mr.K.A.S. Prabhu 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 relating to the order passed by the fourth respondent in No.15554/jF4/2024 dated 10.10.2024 and 2/8

quash the same and direct the respondents to grant 30 days ordinary leave without police escort to the petitioner's husband namely Mahendran, S/o.Chidambaram, Life Convict Prisoner No.24829, PID No. 191183 who is now confined at Central Prison, Trichy.

2. In the affidavit filed in support of the petition, it had been stated that the petitioner has been living with the mother-in-law and the daughter and son. It had been stated that health condition of the petitioner is bad and that his mother -in-law is taking care of the two children. It had been stated that they had commenced construction of house and owing to financial crisis the construction could not be completed and the house is left half constructed. It is under those circumstance the leave has been sought.

3. In the order which is impugned it is stated that Crl.A.No..102 of 2020 is pending before the Principal Bench and therefore the Superintendent of Central Prison, Trichy is not in a position to grant leave . He also stated that since criminal appeal is pending before the Principal Bench the petitioner should have files the petition before the 3/8

Principal Bench. But, however, we are informed that the Hon'ble Full Bench of this Court in the case of B.Stalin.vs. The Registrar, Supreme Court of India , Tilak Marg, New Delhi and others reported in 2012(4)CTC 113 had laid down that since the petitioner is confined at Central Prison, Trichy which comes under the jurisdication of this Court, the writ petition is maintainable before this Bench.

4. We had sought for report from the jurisdiction police namely Inspector of Police, Keeranur Police Station and from the Probationary Officer about the genuinity of the reason. A report had been forwarded by the Probationary Officer stating that it is a fact that the petitioner herein is seriously ill and that the mother-in-law is taking care of the children. It had also been stated that the house is half constructed. So far as the Inspector of Police, Keeranur Police Station, Pudukottai District he had forwarded a report that there is no hostility in that area but had expressed apprehension since the husband of the petitioner had the habit of consuming liquor and he might under the influence of liquor create some problem. We place the responsibility on the petitioner herein to ensure that no untoward incident happens.

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5. Taking into consideration all these factors, we quash the order of the fourth respondent dated 10.10.2024 and grant ordinary leave to the husband of the petitioner namely Mahendran, S/o.Chidambaram, Life Convict Prisoner No.24829, PID No. 191183 for a period of 21 days without escort commencing from 29.10.2024 @ 11.00 am., to 18.11.2024 @5.00 pm.,., During the interregnum period the petitioner shall report before the Inspector of Police, Keeranur Police Station, Pudukottai District everyday at 10.30 a.m., without fail.

6. 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 5/8

To

1. The Principal Secretary to Government Home, (Prison-IV)Department Secretariart, Fort.St.George, Chennai - 600 009.

2. The Director General of Prisons O/o. Tamil Nadu Prisons Head Quarters Whannels Road, Egmore, Chennai- 600 008.

3. The Deputy Inspector General of Prison and Correctional Services Trichy Range, Race Course Road, Trichy 620 023

4. The Superintendent of Prisons, Central Prison, Trichy- 620 020

5. The Superintendent of Police Coimbatore District 6/8

6.. The Superintendent of Police Pudukottai District 7.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Copy to The Inspector of Police Keeranur Police Station Pudukottai District 7/8

C.V.KARTHIKEYAN, J.

and R.POORNIMA, J.

aav 24.10.2024 8/8