Madras High Court
Periyanayagi vs The Deputy Inspector General Of ... on 7 July, 2023
W.P.No.20115 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.07.2023
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR
and
THE HONOURABLE MR.JUSTICE R.SAKTHIVEL
W.P.No.20115 of 2023
Periyanayagi
W/o.Ayyanar .. Petitioner
Vs.
The State Represented by its
1. The Deputy Inspector General of Prison
Vellore Zone, Thorapadi
Vellore.
2. The Superintendent
Cuddalore Central Prison
Cuddalore.
..Respondents
Petition filed under Article 226 of the Constitution of India praying
writ of mandamus to direct the respondents to grant ordinary leave for 28
days without escort to the detenu Ayyanar, son of Govindhan, convict
prisoner No.14898, detained at Central Prison, Cuddalore.
For Petitioner : Mr.M.Ezhilarasu
For Respondents : Mr.E.Raj Thilak
Additional Public Prosecutor
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W.P.No.20115 of 2023
for R1 & R2
ORDER
[Order of the Court was made by M.SUNDAR, J.,]
This order will now dispose of the captioned writ petition.
2. Captioned writ petition has been filed with a mandamus prayer qua
28 days leave without escort for petitioner's spouse one 'Mr.Ayyanar, son of
Mr.Govindhan (Convict Prisoner No.14898) now lodged in Central Prison,
Cuddalore' [hereinafter 'convict prisoner' for the sake of convenience and
brevity].
3. Convict Prisoner is serving sentence having been convicted and
sentenced by learned Mahila Court Judge, Cuddalore in and by judgment
and sentence dated 06.10.2016 in S.C.No.89 of 2012.
4. Writ petitioner sent a representation dated 21.04.2023 requesting
40 days ordinary leave without escort to convict prisoner essentially to make
arrangements for daughter's education inter alia by selling some piece of
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W.P.No.20115 of 2023
property inherited by convict prisoner. This representation of writ petitioner
met with a reply dated 25.04.2023 bearing reference No.7033/tha.ku.2/2023
from the second respondent and a scanned reproduction of this reply dated
25.04.2023 is as follows:
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W.P.No.20115 of 2023
5. A careful perusal of the aforementioned reply makes it clear that
there is no difficulty as regards 28 days ordinary leave without escort.
6. To be noted, convict prisoner has served nearly 11 years sentence
now.
7. After the aforementioned 25.04.2023 proceedings of second
respondent, the writ petitioner has sent one more 'representation dated
04.05.2023' [hereinafter 'said representation' for the sake of convenience and
clarity] reiterating the request but on this occasion, request is for 28 days
ordinary leave without escort. Complaining of inaction qua said
representation, captioned writ petition has been filed.
8. Issue notice.
9. Mr.E.Raj Thilak, learned State Additional Public Prosecutor accepts
notice for both respondents and learned Prosecutor submits that the report of
probationary officer has since been obtained. Learned Prosecutor submits
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W.P.No.20115 of 2023
that the piece of land which is referred to is not within Kallakurichi District
but we are really not concerned with that aspect of the matter as the ground
on which the leave is sought is to make arrangement for daughter's
education. To be noted, 25.04.2023 proceedings itself says that if the
convict prisoner applies for 28 days ordinary leave, the same will be
considered and it only says that convict prisoner is not entitled to 40 days
ordinary leave as he has not completed / served 14 years sentence.
10. This Court is informed that convict prisoner was given emergency
leave on two occasions earlier and on both occasions nothing untoward has
happened. Considering the facts and circumstances of the case on hand, we
are of the view that this is a fit case for the Executive Arm to have taken
Rule 40 of 'the Tamil Nadu Suspension of Sentence Rules 1982' [hereinafter
'said Rules' for the sake of convenience and clarity] route. Therefore, we find
that this is a fit case to grant 28 days ordinary leave and the following order
is passed:
(i) The convict prisoner is given 28 days ordinary leave
without escort from 15.07.2023 to 11.08.2023;
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W.P.No.20115 of 2023
(ii) Convict prisoner shall sign before the jurisdictional
police station at 10.30 a.m. on every Monday and Friday (we
are informed that the jurisdictional police station is
Ilavanarasan Kottai Police Station, Kallakurichi Taluk,
Kallakurichi District);
(iii) Convict prisoner need not sign on 11.08.2023
though it is Friday as the convict prisoner would be
surrendering by dusk i.e., by 5.30 p.m. with the concerned
prison authorities (office of second respondent) on that day;
11. Captioned Writ Petition disposed of in the aforesaid manner.
There shall be no order as to costs.
Though the captioned writ petition is disposed of, Registry to list the
captioned writ petition under the cause list caption 'FOR REPORT' on
16.08.2023.
(M.S.,J.) (R.S.V.,J.)
07.07.2023
Index : Yes
Speaking
Neutral Citation : Yes
mk
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W.P.No.20115 of 2023
1. The Deputy Inspector General of Prison
Vellore Zone, Thorapadi
Vellore.
2. The Superintendent
Cuddalore Central Prison
Cuddalore.
3. The Public Prosecutor
High Court, Madras.
M.SUNDAR, J.,
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W.P.No.20115 of 2023
and
R.SAKTHIVEL, J.,
mk
W.P.No.20115 of 2023
07.07.2023
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