Madras High Court
Selvi.Archana vs State Of Tamil Nadu Rep.By Its on 13 October, 2023
W.P.No.25494 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.10.2023
CORAM :
THE HON'BLE MR. JUSTICE S.S.SUNDAR
AND
THE HON'BLE MR.JUSTICE SUNDER MOHAN
W.P.No.25494 of 2023
Selvi.Archana
D/o Thambu @ Karthik .. Petitioner
v.
1. State of Tamil Nadu rep.by its
Secretary to Government
Home (Prison) Department
Secretariat, Chennai 600 009
2. The Additional Director General of Prison
No.1, Gandhi Irwin Salai
Egmore, Chennai 600 008
3. The Deputy Inspector General of Prisons
Vellore Range, Ramset Nagar
Vellore 632 002
4. The Superintendent of Prison
Central Prison, Cuddalore
Cuddalore District
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W.P.No.25494 of 2023
5. The Inspector of Police
Auroville Police Station
Villupuram District
Cr.No.310 of 2003 .. Respondents
Writ Petition filed under Article 226 of the Constitution of India,
praying for issuance of a Writ of Certiorarified Mandamus, calling for the
records relating to the order passed by the 4 th respondent in order No.12138/
Tha.Ku.2/2023 dated 31.07.2023, quash the same and direct the 3rd
respondent to grant 30 days emergency leave (parole) to the petitioner's
father Thambu @ Karthick (Male/44 years) (Prisoner No.14616) who is
confined in Central Prison, Cuddalore to attend and make financial
arrangements for the treatment of his mother who is critically suffering from
fourth stage cancer and also for arranging financial assistance for the
education of his daughters.
For Petitioner :: Mr.V.Elangovan
For Respondents :: Mr.E.Raj Thilak
Additional Public Prosecutor
ORDER
(Order of the Court was made by SUNDER MOHAN,J.)
The petitioner is the daughter of the convict prisoner, namely,
Thambu @ Karthick (Prisoner No.14616), who was convicted for the
offence under Sections 147, 148, 452 & 326 of IPC and sentenced to
undergo rigorous imprisonment for one year for the offence under Section
147 of IPC; to undergo rigorous imprisonment for two years for the offence
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W.P.No.25494 of 2023
under Section 148 of IPC; to undergo rigorous imprisonment for five years
for the offence under Section 452 of IPC and to undergo rigorous
imprisonment for ten years for the offence under Section 326 of IPC,
ordered to run concurrently, vide the judgment of the learned Additional
District & Sessions Judge, Fast Track Court No.1, Tindivanam dated
16.03.2012 passed in S.C.No.7 of 2012. On the ground that the petitioner's
grandmother, who is the mother of the convict prisoner, is suffering from
breast cancer since 2012 and the family had no financial assistance towards
medical expenses for the treatment of her grandmother, she made a
representation on 24.03.2023 seeking 30 days ordinary leave. However, the
fourth respondent, by the impugned order dated 31.072023, has rejected the
petitioner's representation, citing a letter dated 27.07.2023 of the third
respondent. Therefore, the petitioner is before this Court.
2. The learned Additional Public Prosecutor, on instructions,
submitted that the conduct of the convict prisoner in threatening the other
persons and making them to do menial jobs for the petitioner, was taken
note of by the jail authorities while rejecting the petitioner's request. The
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W.P.No.25494 of 2023
learned Additional Public Prosecutor further submitted that the convict
prisoner was deprived of his visitation rights for a period of one month for
such conduct.
3. The learned counsel appearing for the petitioner has also not
disputed the said submission of the learned Additional Public Prosecutor
before us.
4. However, taking note of the facts and circumstances of the case,
this Court is of the view that the petitioner's request has to be positively
considered, as the petitioner's grandmother and the convict's mother has to
take treatment for breast cancer, as the petitioner is dependent upon her
father, being the head of the family, to mobilize funds for the medical
expenses. Therefore, the impugned order is set aside and the petitioner's
father, namely, Thambu @ Karthick (Prisoner No.14616), who is confined
in Central Prison, Cuddalore, is granted 30 days ordinary leave without
escort. The leave shall commence from 18.10.2023 10.30 a.m., and the
convict prisoner shall surrender before the fourth respondent by 5.30 p.m.,
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W.P.No.25494 of 2023
on 16.11.2023. During the period of leave, the convict prisoner shall also
report before Auroville Police Station, Villupuram District once in a week at
10.30 a.m., and he shall not indulge in any other activities. It is made clear
that the conduct of the convict prisoner inside the prison will also be taken
note of when his application for ordinary leave is considered in future. The
writ petition is ordered accordingly.
Index : yes/no (S.S.S.R.,J.) (S.M.,J.)
Neutral citation : yes/no 13.10.2023
ss
To
1. The Secretary to Government
Home (Prison) Department
Secretariat
Chennai 600 009
2. The Additional Director General of Prison
No.1, Gandhi Irwin Salai
Egmore
Chennai 600 008
3. The Deputy Inspector General of Prisons
Vellore Range, Ramset Nagar
Vellore 632 002
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W.P.No.25494 of 2023
4. The Superintendent of Prison
Central Prison, Cuddalore
Cuddalore District
5. The Public Prosecutor
High Court, Madras
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W.P.No.25494 of 2023
S.S.SUNDAR,J.
AND
SUNDER MOHAN,J.
ss
W.P.No.25494 of 2023
13.10.2023
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