Madras High Court
A.H.Saleena vs The Deputy Inspector Of General Of ... on 29 November, 2022
W.P(MD)No.23963 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 29.11.2022
CORAM
THE HON'BLE MR JUSTICE M.S.RAMESH
AND
THE HON'BLE MR JUSTICE N. ANAND VENKATESH
W.P(MD)No.23963 of 2022
A.H.Saleena .. Petitioner/Wife of the
Detenu
Vs.
The State represented by its
1.The Deputy Inspector of General of Prison,
Trichy Zone, Central Prison,
Trichy.
2.The Superintendent,
Trichy Central prison,
Trichy. .. Respondents
Petition filed under Article 226 of the Constitution of India to issue a
writ of Mandamus, directing the respondents to grant ordinary leave for 40
days without escort to the detenu, A.M.Abdul Hakkim, aged about 39 years,
S/o.Abdul Majith, Convict No.22928 confined at Central Prison, Trichy.
For Petitioner :Mr.S.Manoharan
For Respondents :Mr.A.Thiruvadikumar,
Additional Public Prosecutor
Page 1 of 5
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W.P(MD)No.23963 of 2022
ORDER
(Order of the Court was made by N. ANAND VENKATESH)
M.S.RAMESH,J.
and
N. ANAND VENKATESH,J.
This writ petition has been filed by the wife of the detenu seeking for
a direction to the respondents to grant 40 days ordinary leave to her
husband, who is confined at Central Prison, Trichy.
2.The second respondent has filed a counter affidavit and paragraph
No.4 of the counter affidavit is extracted hereunder:
“4.With regard to the averment contained in the para No.
2. Further, I submit that the above said Life Convict Prisoner
No.22948, A.M.Abdul Hakkim @ Gim Hakkim, S/o.Abdul
Majeeth is having the case pending in Courts as below:-
Sl.No. Police Station and Under Section Court
Crime No.
01 E3 Saravanampatti U/s.332 and 353 IPC Judicial
Police Station Crime Magistrate No.II,
No.475/2010 Coimbatore,
C.C.No.
1040/2010
https://www.mhc.tn.gov.in/judis
W.P(MD)No.23963 of 2022
02 CBCID Police Station U/s.395 r/w 397 IPC, Principal
Crime No.2/2014 120(B), 170 r/w120(B) Assistant
IPC Sessions Court,
Coimbatore,
S.C.No.286/2015
3.Heard Mr.S.Manoharan, learned counsel appearing for the
petitioner and Mr.A.Thiruvadikumar, learned Additional Public Prosecutor
appearing for the respondents.
4.The issue that is involved in the present case is squarely covered by
the earlier order passed by this Court in W.P(MD)No.22052 of 2022, dated
23.09.2022 and the relevant paragraphs are extracted hereunder:
“5. The learned Additional Public Prosecutor submitted
that Rule 35 of the Tamil Nadu Suspension of Sentence Rules,
1982, is a complete bar for the detenu and no leave can be
granted, when there is a pending trial against the detenu. The
learned Additional Public Prosecutor also brought to the notice
of this Court a Judgment of the Hon'ble Division Bench of this
Court in S.Santhosam v. State by Secretary to Government
reported in 2022 (3) CTC 689 in this regard.
6. In the considered view of this Court, this Court
cannot grant leave to the detenu by disregarding the rules and
https://www.mhc.tn.gov.in/judis
W.P(MD)No.23963 of 2022
the earlier Judgment passed by the Division Bench mentioned
supra. The only other avenue that is left to the detenu is to
make a representation to the Government and it will be left
open to the Government to consider exemption under Rule 40
of the Tamil Nadu Suspension of Sentence Rules, 1982.
Beyond this, no further orders can be passed in this Petition.
5.This writ petition is disposed of in terms of the above order.
(M.S.R.,J.) (N.A.V.,J.)
29.11.2022
Intex:Yes/No
Internet:Yes/No
Ns
To
1.The Deputy Inspector of General of Prison,
Trichy Zone, Central Prison,
Trichy.
2.The Superintendent,
Trichy Central prison,
Trichy.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.23963 of 2022
M.S.RAMESH,J.
and
N. ANAND VENKATESH,J.
Ns
W.P(MD)No.23963 of 2022
29.11.2022
https://www.mhc.tn.gov.in/judis
