Madras High Court
Vijayakumar vs The State Of Tamil Nadu on 2 July, 2021
W.P(MD)NO.10244 OF 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED:02.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
AND
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P(MD)NO. 10244 OF 2021
Vijayakumar
Now confining at Madurai
Central Prison as Life Convict) :Petitioner
.vs.
1.The State of Tamil Nadu,
represented by the Principal Secretary to the Government,
Home, Prohibition and Excise Department,
Fort St.George,Chennai-600 009.
[email protected]
2.The Director General,
Prison and Correctional Services,
The State of Tamil Nadu,
No.6, Whannels Road, Egmore,
Chennai – 600 008.
[email protected]
3.The Deputy Inspector General of Prisons,
Madurai Range,
A.A.Road, Arasaradi,
Madurai – 625 016.
[email protected]
4.The Superintendent of Prison,
Madurai Central Prison,
Madurai District.
[email protected] : Respondents
1/8
https://www.mhc.tn.gov.in/judis/
W.P(MD)NO.10244 OF 2021
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 to grant emergency leave for six days to the
Petitioner by name Vijayakumar, son of Jeyaprakash, C.P.No.5146,
now confined at Madurai Central Prison for meeting his 75 years
old sick mother in accordance with law within the time stipulated
by this Court.
For Petitioner :Mr.R.Alagumani
For Respondents :Mr.S.Ravi
Standing Counsel for the State
ORDER
*************
[Order of the Court was made by K.KALYANASUNDARAM.,J.]
The Petitioner has come forward with this Writ Petition
seeking for issuance of a Writ of Mandamus to direct the
respondents to grant emergency leave for six days to him.
2.The Petitioner was convicted in S.C.No.389 of 2006 vide
judgment, dated 29.6.2007 by the Additional District and Sessions
Judge(FTC No.III), Madurai, for the offence under Section120(B)
r/w Section 489(A)(C) and (D) of IPC and sentenced to undergo five
years, three years and seven yeas respectively. The conviction and
sentence was confirmed by this Court in C.A(MD)No.299 of 2007
and by the Honourable Apex Court in SLP(Criminal) Diary No.
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W.P(MD)NO.10244 OF 2021
36275 of 2019. Thereafter, he is confined in Central Prison,
Madurai, since 22.12.2020.
3.The Petitioner would state that his mother J.Athilakshmi,
aged about 75 years is suffering from various ailments. Hence his
wife sent a representation to the fourth respondent on 13.3.2021
for grant of emergency leave to see his ailing mother. Since she
sought for three months leave, that too, in a a pandemic period,it
was rejected by the authorities. Subsequently, he gave a
representation to the fourth respondent on 26.5.2021 seeking 6
days emergency leave.
4.Learned counsel appearing for the Petitioner
Mr.R.Alagumani would submit that Rules 6 and 7 of Tamil Nadu
Suspension of Sentence Rules, 1982 deal with grant of emergency
leave and as per the rules, the Petitioner is entitled for leave to
see his ailing mother. He has also taken us to the relevant rules,
during his arguments.
5.Per contra, Mr.S.Ravi, learned Standing Counsel for the
State appearing for the respondents would state that Rule 22 of
the Tamil Nadu Suspension of Sentence Rules,1982, mandates
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W.P(MD)NO.10244 OF 2021
serving of three years sentence to seek leave and that the
Petitioner has been in custody only for about six months and
hence,he is not entitled for leave as sought for.
6.Rule 6 and 7 of the Tamil Nadu Suspension of Sentence
Rules, 1982 is extracted hereunder for better appreciation.
''6.Grounds for the grant of emergency
leave:
Emergency leave may be granted for attending
death or serious illness of father, mother, wife,
husband, son, daughter, full brother or full sister or
the wedding of son, daughter, full brother or full
sister of the prisoner and for having delivery outside
the prison in case of female pregnant prisoners.
7.Eligibility of emergency leave:
No emergency leave shall be granted to a
prisoner unless:
(i)he has been sentenced by a Court in this
State to imprisonment for a term or imprisonment for
life for an offence against any law other than a law
relating to a matter to which the executive power of
the Union Government extends:
(ii)his conduct in prison has been satisfactory.
(iii)female pregnant prisoner for having
delivery outside the prison provided who are
not constituting high security risks or of cases
of equivalent grave descriptions.''
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W.P(MD)NO.10244 OF 2021
7.Rule 6 extracted above prescribes the grounds for grant of
emergency leave and Rule 7 stipulates the conditions for grant of
emergency leave. It is not in dispute that as per Rule 6, the prisoner is
entitled to emergency leave for attending the serious illness of his
mother. It is not the case of the respondents that the conduct of the
petitioner in prison is not satisfactory and he suffers disqualified under
Clause (i) and Clause (iii) of Rule 7.
8.Even though the learned Standing Counsel appearing for the
respondent has not disputed the fact that the petitioner's mother has been
suffering from serious illness, but his only contention is that after serving
a period of three years, he is entitled for leave. However, we could not
see any such stipulation for considering the emergency leave under Rules
6 and 7 referred above. So, we are of the considered opinion that the
petitioner is entitled for emergency leave as per his representation, dated
26.05.2021.
9.In that view, the Writ Petition is allowed. The Fourth
Respondent is directed to grant emergency leave to the
https://www.mhc.tn.gov.in/judis/
W.P(MD)NO.10244 OF 2021
Petitioner/Life convict/Vijayakumar, son of Jeyaprakash, C.P.No.
5146, now confined at Central Prison, Madurai, for a period of six
days from 03.07.2021 to 08.07.2021, with escort facilities. The
Petitioner shall surrender before the fourth respondent on
08.07.2021 at 6.00 p.m. No costs.
10.Post the matter on 09.07.2021 under the caption ''for
reporting compliance''.
[M.K.K.S.,J.] & [B.P.,J.]
02.07.2021
Index:Yes/No
Internet:Yes/No
vsn
Note :
1.In view of the present
lock down owing to
COVID-19 pandemic, a web
copy of the order may be
utilized for official
purposes, but, ensuring
that the copy of the order
that is presented is the
correct copy, shall be the
responsibility of the
advocate / litigant
concerned.
2.Issue order copy on
02.07.2021(today).
https://www.mhc.tn.gov.in/judis/
W.P(MD)NO.10244 OF 2021
To
1.The Principal Secretary to the Government,
Government of Tamil Nadu,
Home, Prohibition and Excise Department,
Fort St.George,Chennai-600 009.
[email protected]
2.The Director General,
Prison and Correctional Services,
The State of Tamil Nadu,
No.6, Whannels Road, Egmore,
Chennai – 600 008.
[email protected]
3.The Deputy Inspector General of Prisons,
Madurai Range,
A.A.Road, Arasaradi,
Madurai – 625 016.
[email protected]
4.The Superintendent of Prison,
Madurai Central Prison,
Madurai District.
[email protected]l.com
https://www.mhc.tn.gov.in/judis/
W.P(MD)NO.10244 OF 2021
K.KALYANASUNDARAM, J.
AND
B.PUGALENDHI, J.
vsn
0RDER MADE IN
W.P(MD)No.10244 of 2021
02.07.2021
https://www.mhc.tn.gov.in/judis/
