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Madras High CourtWP(MD)/29128/2023disposed of

Kamalambal.P v. The State Represented By Its

2023-12-12Honourable Mr Justice M. Sundar,Honourable Mr.Justice R.Sakthivel4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Special Original Jurisdiction Tuesday, the Second day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice J.NISHA BANU AND The Hon`ble Mr.Justice K.K.RAMAKRISHNAN WP(MD). No.29128 of 2023 Kamalambal.P W/o.Sankaralingam ... Petitioner/Wife of the detenu Vs 1 The State Represented by Its, The Secretary to Government of Tamilnadu, Home Department, Fort St. George, Chennai-600 009.

2 The Deputy Inspector General Of Prison, Trichy Range , Trichy Central Prison, Trichy-620 020.

3 The Superintendent, Central Prison, Trichy-620 020.

... Respondents Prayer :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to grant ordinary leave for 40 days without escort to the detenue, Sankaralingam, S/o.Vadivel, aged about 58 years, Convict No.84077, confined at Central Prison, Trichy.

ORDER:- This Petition coming on for orders on this day under the caption 'For Report' and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/s. S.Manoharan, Advocate for the Petitioner and of Mr. S.Ravi, Government Advocate for the respondents, this Court made the following order:

[Order of the Court was made by J.NISHA BANU., J.] The present Writ Petition was disposed of vide order dated 12.12.2023, directing the second respondent to consider the petitioner's representation dated 21.11.2023, seeking 40 days ordinary leave for her spouse Thiru.Vadivel [Convict No.84077], now detained in Central Prison, Trichy. Pursuant to the said order, the second respondent passed an order dated 28.12.2023, granting 28 days ordinary leave to the said prison inmate.

2.Today, the matter is listed under the caption 'For Report'. 3.Learned Additional Public Prosecutor appearing for the respondents would submit that the prison inmate was not released from the prison, since he did not comply with one of the conditions imposed for grant of leave ie., executing a bond for a sum of Rs.500/- with two sureties each. He further submitted that if the prison inmate is willing to execute the bond, the prison authorities are ready to release him on ordinary leave.

4.The learned Counsel for the petitioner submitted that the prison inmate is now willing to execute the bond and the learned Counsel further assured that the prison inmate will strictly comply with the conditions imposed in the said order dated 28.12.2023.

5.Recording the same, this petition is closed. Sd/- Assistant Registrar(CS II) // True Copy // /01/2024 Sub Assistant Registrar (CS-I/ II / III /IV) TO 1 The Secretary, Government of Tamilnadu, Home Department, Fort St. George, Chennai-600 009.

2 The Deputy Inspector General Of Prison, Trichy Range , Trichy Central Prison, Trichy-620 020.

3 The Superintendent, Central Prison, Trichy-620 020.

4 The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER DATED : 02/01/2024 ==========================

ORDER

========================== WP(MD). No.29128 of 2023 Giving direction and etc.

as stated within.

SSA/24.01.2024 4P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023