Madras High Court
Kanthan vs The State Rep.By Its on 30 June, 2021
W.P.No.5437 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.06.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
W.P.No.5437 of 2021
Kanthan, S/o.Elumalai
Life Convict Prisoner (C.T.No.6332)
Central Prison at Puzhal-I
Thiruvallur 600 066. ... Petitioner
Versus
1.The State rep.by its
Home Secretary (Prison)
Home Department, Secretariat
Fort St.George, Chennai 600 009.
2.The Director General of Prison and
Inspector General of Police
Whannels Road, Egmore,
Chennai 008.
3.The Deputy Inspector General of Prisons (Chennai Range)
Office of the D.I.G (Range)
Whannels Road, Egmore, Chennai 008.
4.The Superintendent of Prison
Central Prison at Puzhal I
Thiruvallur District 600 066. ... Respondents
Page No.1 of 8
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W.P.No.5437 of 2021
PRAYER: Writ Petition filed under Article 226 of the Constitution
of India, to issue a Writ of Mandamus, directing the respondents to
grant one month leave without escort to the convict namely,
Mr.Kanthan, S/o.Elumalai aged about 35 years now confined in
Central Prison at Puzhal-I.
For Petitioner : Mr.M.Mohamed Saifulla
For Respondents : Mr.A.Damodaran
Government Advocate (Crl.Side)
ORDER
This petition has been filed to direct the respondents to
grant one month leave without escort to the convict namely,
Mr.Kanthan, S/o.Elumalai aged about 35 years, who is now confined
in Central Prison at Puzhal-I.
2. The petitioner/life convict, who was convicted by the
III Additional Sessions Judge, Thiruvallur, in S.C.No.157 of 2014
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W.P.No.5437 of 2021
and sentence him to Life Imprisonment, by a judgment dated
01.06.2016. Thereafter, the petitioner filed an appeal in
Crl.A.No.815 of 2016 and the appeal was dismissed on 22.02.2017
by this Court. The petitioner from date of his conviction is inside the
prison for nearly 4 ¼ years and he is following the rules and
regulations of the prison. The petitioner sofar has not availed any
leave. Now, the petitioner's mother is suffering with severe ailments
especially congestive cardiac failure disease and she is under
meditation. The petitioner has got school going children, who are
aged about 9 years and 6 years, respectively. The petitioner has to
make arrangements for his mother's medical treatment and children's
school education and hence, he may be granted ordinary leave. The
petitioner's wife had sent a representation on 29.01.2021 to the
respondents herein. The fourth respondent had forwarded the said
representation of the petitioner to the second respondent. The
petitioner is not aware about the action taken on the said
representation.
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W.P.No.5437 of 2021
3. The learned Government Advocate (Crl.Side) has
submitted that the petitioner's representation dated 29.01.2021 was
rejected by the Jail Authority, since the Inspector of Police, T-12,
Poonamallee had given a report that the petitioner's life is at threat.
Thereafter, the petitioner's wife made another representation on
20.05.2021 relying on the order of the Hon'ble Supreme Court
issued in Suo Motu Writ Petition (C) No.1 of 2020 with regard to
Covid-19 situation prevailing in the prison. This was also rejected
since the petitioner is safe in the prison. Further in Central Prison
Puzhal, Chennai, there is no out break of any pandemic for the
present. He further submitted that since the petitioner's life is at
threat, the petitioner cannot be extended any ordinary leave.
4. At this juncture, the learned counsel for the petitioner
submitted that he has got no objection, if the petitioner is sent out of
the prison along with an Escort.
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W.P.No.5437 of 2021
5. Considering the submissions and perused the
materials, it is seen that the occurrence taken place in the year 2009
and the petitioner was taken in custody in the case on 15.10.2009.
Thereafter, he was let out on bail and he had participated in the trial
till the date of his conviction on 01.06.2016 and during that period,
there was no threat to the petitioner and he lead a normal life. Now,
after almost 11 years after the occurrence, on the basis of the
objection raised by the Inspector of Police, T-12, Poonamallee, the
petitioner's representation seeking leave was rejected. The threat
perception cannot be imminent.
6. In view of the same, this Court grants 30 days of
ordinary leave to the petitioner with Escort and the security is to be
decided by the Superintendent of Prison, Central Prison, Puzhal,
Chennai. Accordingly, this Court directs the respondents to grant 30
days leave to the convict commencing from 05.07.2021 with Escort
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W.P.No.5437 of 2021
subject to the usual conditions that can be imposed by the
respondents. The convict shall be released from the prison at 10.00
a.m., on 05.07.2021 and he shall return back to the prison at or
before 05.00 p.m., on 04.08.2021. Escort costs shall be borne by the
State, since the petitioner's family are poor without much resources.
7. With the above direction, this Writ Petition is
disposed of. No costs.
8. Post the matter for “reporting compliance” on
06.08.2021.
30.06.2021
Index : Yes/No
Internet: Yes/No
dna
https://www.mhc.tn.gov.in/judis/
W.P.No.5437 of 2021
To
1.The Home Secretary (Prison)
Home Department, Secretariat
Fort St.George, Chennai 600 009.
2.The Director General of Prison and
Inspector General of Police
Whannels Road, Egmore,
Chennai 008.
3.The Deputy Inspector General of Prisons (Chennai Range)
Office of the D.I.G (Range)
Whannels Road, Egmore, Chennai 008.
4.The Superintendent of Prison
Central Prison at Puzhal I
Thiruvallur District 600 066.
5.The Public Prosecutor,
High Court, Madras.
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W.P.No.5437 of 2021
M.NIRMAL KUMAR, J.
dna
W.P.No.5437 of 2021
30.06.2021
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