Muthulakshmi v. The State Of Tamil Nadu By Its

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL Muthulakshmi : Petitioner Vs.

The State represented by its, 1.The Deputy Inspector General of Prison, Madurai Range, Madurai - 625 001.

2.The Superintendent of Prison, Central Prison, Palayamkottai - 627 007.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents to modify the ordinary leave condition as to without escort to petitioner's husband, the life convict prisoner, namely Marimuthu @ Mathuram 42 years, Convict No.505, presently detained at Central Prison, Palayamkottai, based on petitioner's representation dated 10.10.2023.

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For Petitioner : Mr.R.Narayanan For Respondents : Mr.A.Thiruvadi Kumar Additional Public Prosecutor

O R D E R

************ [Order of the Court was made by M.SUNDAR, J.] Captioned Writ Petition has been filed in this Court on 16.10.2023.

2.Factual matrix in a nut shell is that the writ petitioner's spouse one Thiru.Marimuthu @ Muthuram, aged 42 years is a life convict [Convict No.505] serving sentence in Central Prison, Palayamkottai now; that writ petitioner vide communication dated 14.06.2023 followed by a representation dated 04.10.2023 sought 28 days ordinary leave for the convict prisoner inter-alia on the grounds that writ petitioner has got kidney ailment, she is suffering, she is under continuous medical treatment and her health is deteriorating; that this leave application and representation were disposed of vide order dated 31.08.2023 bearing reference No.1821/Oo.Tha.2/2023 made by the first respondent [hereinafter 'said order' for the sake of convenience and clarity].

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3.In and by the said order, first respondent has granted 21 days ordinary leave but with escort, neither the convict prisoner nor the writ petitioner was favoured with a copy of the said order but it is the case of second respondent that said order was read over to the convict prisoner on 10.09.2023 however it is not necessary to go into this controversy owing to the fair stand taken by learned Prosecutor.

4.As regards petitioner's plea, all that the petitioner wants is deletion of the condition that 21 days ordinary leave will be 'with escort'. To add clarity, writ petitioner seeks modification of said order granting 21 days ordinary leave 'with escort' as 21 days ordinary leave 'without escort'.

5.As already alluded to supra, learned Prosecutor took a fair stand and submitted that the conviction itself is inter alia under Section 489-C of 'The Indian Penal Code (45 of 1860)' [hereinafter 'IPC' for the sake of convenience and clarity] and therefore, retaliation is a rarity. In addition to the stand of learned Prosecutor, we also notice that the conviction / sentence was assailed in this Court by way of a regular Criminal Appeal in Crl.A. (MD)No.113 of 2008 and pending Criminal Appeal there was suspension of sentence for more than 10 years ie., from 04.03.2008 to 05.10.2018 which has been captured in the said order itself. In 3/8

this over 10 years period, nothing untoward happened is the common say of both sides. To be noted, a scanned reproduction of said order is as follows:

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6.In the light of the narrative thus far, we modify the said order and we make the following order:

i) Said order ie., order dated 31.08.2023 bearing reference vz;.1821/cj.2/2023 made by first respondent is modified by saying 21 days ordinary leave granted by first respondent vide said order will be without escort.

ii) Owing to the aforementioned modification the convict prisoner shall sign before the jurisdictional Magistrate [we are informed that Judicial Magistrate IV, Tirunelveli, is the jurisdictional Magistrate] every Monday and Friday.

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iii) The 21 days leave shall now be from 26.10.2023 10.30 a.m. To 16.11.2023 05.30 p.m.;. iv) The convict prisoner shall surrender in the office of second respondent on 17.11.2023 [Friday] by dusk ie., by 05.30 p.m.

v) The convict prisoner shall avail the leave only for the purpose for which it has been granted and shall not partake any activities which are outside the realm qua the grounds on which leave is granted. 7.Captioned Writ Petition is disposed of in the aforesaid manner. There shall be no order as to costs. [M.S.,J.] & [R.S.V.,J.] 19.10.2023 Index : Yes Internet : Yes MR PS: All concerned to act on uploaded version ie., uploaded soft copy of this order as uploaded in the official website of this Court.

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To 1.The Deputy Inspector General of Prison, Madurai Range, Madurai - 625 001.

2.The Superintendent of Prison, Central Prison, Palayamkottai - 627 007.

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M.SUNDAR, J.

and R.SAKTHIVEL, J.

MR ORDER MADE IN 19.10.2023 8/8