K.Perumai Selvi vs The Home Secretary
2021 Latest Caselaw 24872 Mad

                                                                        W.A(MD)No.9438 of 2021


                         BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED : 16.12.2021

                                                   CORAM:

                                  THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
                                                    and
                                  THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN


                                            W.P(MD)No.9438 of 2021


                 K.Perumai Selvi                              ... Petitioner

                                                     Vs.

                 1.The Home Secretary,
                   Home Department (Prison),
                   Secretariat, Fort St.George,
                   Chennai-600 009.

                 2.The Director General of Prison and
                   Inspector General of Prison,
                   Whannels Road, Egmore,
                   Chennai-08.

                 3.The Superintendent of Prison,
                   Madurai Central Prison,
                   Madurai District.

                 4.Deputy Inspector General,
                   Department of Prisons and Correctional Services,
                   Madurai Saragam,
                   Madurai.                                   ... Respondents




                 1/5

https://www.mhc.tn.gov.in/judis
                                                                                   W.A(MD)No.9438 of 2021


                 PRAYER: The Writ Petition filed under Article 226 of Constitution of India
                 praying to issue a writ of certiorarified mandamus, to call for the record
                 pertaining to the proceedings of the fourth respondent in No.1012/U.Tha.
                 2/2021, dated 01.04.2021 and quash and to direct the third and fourth
                 respondents        to   enlarge   the    petitioner's   husband   B.Kaliyugakannan,
                 S/o.Balakrishnan (Conviction No.9681) to grant one month leave without
                 escort, who is confined in the third respondent prison.


                                  For Petitioner  : Mr.G.Murugendran
                                  For Respondents : Mr.S.Ravi
                                                    Additional Public Prosecutor

                                                         JUDGMENT

S.VAIDYANATHAN,J.

and DR.G.JAYACHANDRAN,J.

The request of the petitioner to grant leave for one month to her

husband namely Kaliyugakannan without police escort was denied by the

Prison Superintendent, vide order dated 01.04.2021 in view of Rule 35 of

the Tamil Nadu Suspension of Sentence Rules 1982, which disables the

convict seeking leave in case of wherever there is any other criminal case

pending against the convict. The said order is under challenge in this writ

petition by way of Certiorarified Mandamus.

https://www.mhc.tn.gov.in/judis W.A(MD)No.9438 of 2021

2. There cannot be any exception under Rule 35 of the Tamil Nadu

Suspension of Sentence Rules 1982 granting ordinary leave when the

convict is facing the trial in some other case. In this case, the petitioner's

husband was convicted for violation of NDPS Act for a term of 12 years.

His request for one month ordinary leave not considered in view of

pendency of Cr.No. 23 of 2013, under Section 506(i) IPC and Section 3 of

TNPPDL Act on the file of the Thalavaipuram Police Station.

3. However, the learned Additional Public Prosecutor appearing for

the respondents would submit that after filing of this writ petition, the

convict was granted emergency leave on two spells. First from 12.06.2021

to 16.06.2021 and subsequently from 24.09.2021 to 01.10.2021.

4. Recording the submission of the learned Additional Public

Prosecutor this writ petition is dismissed. No costs.

                                                                 [S.V.N.,J.]     [G.J.,J.]
                                                                         16.12.2021
                 Index    : Yes / No
                 Internet : Yes / No
                 am

https://www.mhc.tn.gov.in/judis W.A(MD)No.9438 of 2021

To

1.The Home Secretary, Home Department (Prison), Secretariat, Fort St.George, Chennai-600 009.

2.The Director General of Prison and Inspector General of Prison, Whannels Road, Egmore, Chennai-08.

3.The Superintendent of Prison, Madurai Central Prison, Madurai District.

4.Deputy Inspector General, Department of Prisons and Correctional Services, Madurai Saragam, Madurai.

https://www.mhc.tn.gov.in/judis W.A(MD)No.9438 of 2021

S.VAIDYANATHAN, J.

and DR.G.JAYACHANDRAN, J.

am

W.P(MD)No.9438 of 2021

16.12.2021

https://www.mhc.tn.gov.in/judis