C.Selvam v. State Of Tamil Nadu

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 C.Selvam ... Petitioner Vs 1.State of Tamil Nadu, Rep. by the Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai-600 009.

2.The Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai-4.

3.The Commissioner of Police, Trichy City, 4.The Additional Director General of Police / the Additional Director General of Prison, Whannels Road, Egmore, Chennai.

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5.The Superintendent of Prison, Central Prison, ... Respondents 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 1 to 3 herein to forthwith provide the escort for enabling the petitioner to avail the leave granted by the authorities under Tamil Nadu Suspension of Sentence Rules, 1982 in accordance with law. For Petitioner : Mr.N.Pragalathan For Respondents : Mr.T.Senthil Kumar, Additional Public Prosecutor.

ORDER

(Order of the Court was made by G.R.SWAMINATHAN, J.) Heard both sides.

2. The petitioner is in incarceration in Central Prison, Trichy in connection with Crime No.1154 of 1994 on the file of the Kottar Police Station. He is undergoing life sentence in S.C.No.392 of 1997 on the file of the Principal Sessions Judge, Tirunelveli. He sought emergency leave. It was also granted. However, he could not avail the emergency leave because escort was not provided.

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3. We direct the third respondent to provide escort so that the petitioner can avail three days emergency leave. The Writ Petition is allowed accordingly. No costs.

(G.R.S., J.) (R.P., J.) 11.11.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No rmi NOTE:Issue Order Copy on 13.11.2024 To 1.The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai-600 009.

2.The Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai-4.

3.The Commissioner of Police, Trichy City, 4.The Additional Director General of Police / the Additional Director General of Prison, Whannels Road, Egmore, Chennai.

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G.R.SWAMINATHAN, J.

AND R.POORNIMA, J.

rmi 5.The Superintendent of Prison, Central Prison, 6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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