Rukumani v. The Deputy Inspector General Of Prison
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.12.2023 CORAM :
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL Rukumani ... Petitioner vs.
1. The Deputy Inspector General of Prison, Madurai Zone.
2.The Superintendent of Central Prison, Palayamkottai, Tirunelveli District.
3.The Inspector of Police Thattaparai Police Station, Thoothukudi District.
... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order of the first respondent in No.2117/cj/2/2023 dated 18.10.2023 by rejecting the plea of ordinary leave and quash the same and consequently direct the first respondent herein to grant ordinary leave of 7 days to the petitioner's son S.Lakshmanakumar (CT No.5083) now confined in Central Prison, Palayamkottai. 1/10
For Petitioner : Mr.S.Ramasamy 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 matter was listed in the Admission Board on 20.11.2023 and this Bench made the following proceedings/order:
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2.The aforementioned Admission Board proceedings/order shall now be read as an integral part and parcel of this final order as the main writ petition was taken up today with the consent of both sides. This means that short forms, abbreviations and short references used in the Admission Board order will be used in the instant final order also for the sake of convenience and clarity. 3.Today, Mr.S.Ramasamy, learned counsel for WP petitioner and Mr.A.Thiruvadi Kumar, learned State Additional Public Prosecutor for respondents are before us.
4.Adverting to the aforementioned Admission Board order and more particularly, paragraph No.4 thereat, learned Prosecutor submitted that the 3/10
Probation Officer has recommended grant of leave and has placed before us a communication of the Probation Officer as well as the report of the Probation Officer which are as follows:
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5.This Court carefully considered the facts and circumstances of the case, examined the case file and this Court is of the considered view that the impugned order deserves to be interfered with. To be noted, order dated 18.10.2023 bearing reference No.2117/cj/2/2023 made by the first respondent is being referred to as impugned order. To be noted in Admission Board dated 20.11.2023, it has been mentioned that this 18.10.2023 order has been made by the second respondent. Therefore, this shall be treated as Errata /Corrigendum. The reasons for this Court coming to the conclusion that the impugned order deserves to be interfered with are as follows:
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(i) The grounds on which one week ordinary leave without escort has been sought snugly fits into Clauses (i) and (vii) of Rule 20 of 'Tamil Nadu Suspension of Sentence Rules, 1982' (hereinafter 'said Rules' for the sake of brevity);
(ii) There is no disputation or contestation about the grounds on which ordinary leave has been sought i.e., that prison inmate has to inter-alia make arrangements for settling the loan availed and make arrangements for livelihood of his family and for settlement of life after his release;
(iii) The Probation Officer has recommended the grant of ordinary leave and a perusal of the report says that there shall be no threat either to the general public or to the prison inmate if the prison inmate's plea for grant of leave is acceded to; (iv) Learned Prosecutor's plea that the gravity of the charge against the prison inmate weighs against him is not a parameter as regards grant of leave. We do not express any view on the 6/10
submission as regards the gravity of the charge or the offence but we only make it clear that this may not be a clinching parameter when it comes to grant of leave unlike grant of bail or other reliefs. In any event, appeal against conviction is pending and the conviction is being tested by the appellate Court; (v) Interestingly, the police report talks about possible threat qua the adversaries whereas it is a case of alleged fabrication of Court order. We make it clear that we are not expressing any opinion on this aspect of the matter as the appeal is pending.
6. In the light of the narrative, discussion and dispositive reasoning thus far, the following order is made:
6.1 The impugned order is set aside for reasons alluded to supra;
6.2 The prison inmate, namely, Thiru.S.Lakshmanakumar S/o. Thiru.Seeni Selvaraj, (Convict No.5083), now detained in 7/10
Central Prison, Palayamkottai, is granted one week leave from 05.12.2023, 10:30 AM to 12.12.2023. To be noted, it is one week ordinary leave without escort;
6.3 The prison inmate shall sign before jurisdictional police station (we are informed that jurisdictional police station is SIPCOT Police Station, Thoothukudi) everyday in the forenoon; 6.4 The prison inmate shall utilize the leave only for the purpose for which it has been availed/granted and shall not be part of any other activities which is outside the realm of the grounds on which leave has been granted;
6.5 The prison inmate shall surrender in the office of the second respondent on the leave period elapsing by dusk i.e., (5.30 p.m.) on 13.12.2023 (Wednesday);
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7. Captioned WP is disposed of in the aforesaid manner. There shall be no order as to costs.
Sd/- Assistant Registrar (A.D.II) // True Copy // 04/12/2023 Sub Assistant Registrar(CS) PKN To
1. The Deputy Inspector General of Prison, Madurai Zone.
2.The Superintendent of Central Prison, Palayamkottai, Tirunelveli District.
3.The Inspector of Police Thattaparai Police Station, Thoothukudi District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
5. The Joint Secretary to Government, Public (Law and Order) Department, Secretariat, Chennai.
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COPY TO:
The Inspector of Police, SIPCOT Police Station, Thoothukudi +1 CC to M/s.S.RAMASAMY, Advocate ( SR-54554[F] dated 01/12/2023 ) 01.12.2023 RD(04/12/2023) 10P / 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 10/10