Madras High Court
K.Veerapandi vs State Of Tamil Nadu Represented By on 2 November, 2023
2023/MHC/5024
WP(MD)No.26243 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 02.11.2023
CORAM:
THE HONOURABLE MR.JUSTICE M.SUNDAR
and
THE HONOURABLE MR.JUSTICE R.SAKTHIVEL
W.P.(MD)No.26243 of 2023
K.Veerapandi : Petitioner
Vs.
1.State of Tamil Nadu represented by
The Principal Secretary,
Home, Prohibition and Excise Department,
State of Tamil Nadu,
Fort St. George,
Chennai – 600 009.
2.The Director General of Police/Director of
Prisons and Correctional Services,
C.M.D.A., Towers II,
No.1, Gandhi Irvin Road,
Egmore, Chennai.
3.The Deputy Inspector General of Prisons,
Madurai Range,
Madurai Central Prison Campus,
New Jail Road, Madurai – 625 016.
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WP(MD)No.26243 of 2023
4.The Superintendent of Prison,
Madurai Central Prison,
Madurai District – 625 016. : Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India to
issue a Writ of Mandamus, directing the respondents 3 to grant 7 days
emergency leave to the petitioner in pursuance of Rule 6 of the Tamil Nadu
Suspension of Sentence Rules, 1982 for enabling the petitioner to attend the
serious illness of the petitioner's 80 years old mother by name Rajammal on
the basis of the petitioner's representation dated 16.10.2023 in accordance
with law within the time stipulated by this Court.
For Petitioner : Mr.R.Alagumani
For Respondents : Mr.A.Thiruvadi Kumar,
Additional Public Prosecutor.
ORDER
[Order of the Court was made by M.SUNDAR, J.]
Captioned Writ Petition has been filed in this Court on 25.10.2023.
2. Short facts shorn of granular particulars is that Writ Petitioner is a
lifer ie., prison inmate, who is serving life sentence. Writ Petitioner is now
incarcerated in Madurai Central Prison, Madurai District. Writ Petitioner
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WP(MD)No.26243 of 2023
stood trial vide S.C.No.353 of 2011 on the file of IV Additional District and
Sessions Court, Madurai for alleged offences pertaining to Sections 148,
302 r/w 149, 307 r/w 149 of 'the Indian Penal Code, 1860 (Act 45 of
1860)' [hereinafter 'IPC' for the sake of brevity] and in and by an judgment
dated 28.04.2017, the Writ Petitioner was acquitted. This judgment of
acquittal was carried to this Court by the defacto complainant vide Crl.A.
(MD)No.340 of 2017 which was allowed on 27.02.2020.
3. The Writ Petitioner carried the matter to Hon'ble Supreme Court.
4. In the aforesaid circumstances, Writ Petitioner resorting to Rule 6
of 'the Tamil Nadu Suspension of Sentence Rules, 1982' ['said Rules' for
brevity] sought emergency leave citing poor health of his ailing mother.
The plea of the Writ Petitioner in this regard is dated 16.10.2023 and Writ
Petitioner has enclosed medical report of his mother to buttress the plea.
5. Learned counsel for Writ Petitioner submits that his plea is pending
and that has necessitated the filing of captioned Writ Petition in this Court
on 25.10.2023.
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WP(MD)No.26243 of 2023
6. Issue notice. Mr.A.Thiruvadi Kumar, learned State Additional
Public Prosecutor accepts notice for all the four respondents and submits, on
instructions, that Writ Petitioner's plea dated 16.10.2023 is under active
consideration of the respondents and that the respondents will take a call
within a fortnight from today ie., by 16.11.2023.
7. Let the respondents take a call as expeditiously as the business of
the respondents would permit but in any event within a fortnight from today
ie., by 16.11.2023.
8. Captioned Writ Petition is disposed of with the aforesaid directive.
There shall be no order as to costs.
[M.S.,J.] & [R.S.V.,J.]
vsm 02.11.2023
Neutral Citation : Yes
Index : Yes
PS: Though captioned Writ Petition is disposed of, list the matter under
the cause list caption 'FOR REPORT' on 17.11.2023.
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WP(MD)No.26243 of 2023
To
1.The Principal Secretary,
State of Tamil Nadu,
Home, Prohibition and Excise Department,
State of Tamil Nadu,
Fort St. George,
Chennai – 600 009.
2.The Director General of Police/Director of
Prisons and Correctional Services,
C.M.D.A., Towers II,
No.1, Gandhi Irvin Road,
Egmore, Chennai.
3.The Deputy Inspector General of Prisons,
Madurai Range,
Madurai Central Prison Campus,
New Jail Road, Madurai – 625 016.
4.The Superintendent of Prison,
Madurai Central Prison,
Madurai District – 625 016.
5.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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WP(MD)No.26243 of 2023
M.SUNDAR, J.
and
R.SAKTHIVEL, J.
vsm
W.P.(MD)No.26243 of 2023
02.11.2023
https://www.mhc.tn.gov.in/judis
