Madras High Court
B.Santhiya vs The Secretary To Government on 5 January, 2024
Author: J.Nisha Banu
Bench: J.Nisha Banu
W.P(MD)No.30493 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05.01.2024
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
and
THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN
W.P(MD)No.30493 of 2023
B.Santhiya ... Petitioner
Vs.
1.The Secretary to Government,
Home Department(Prison),
Government of Tamil Nadu,
Secretariat,
St. George Fort,
Chennai – 9.
2.The Additional Director General of Police(Prisons)/
The Inspector General of Police,
Office of ADGP (Prisons)/I.G of Prisons,
Thalamuthu Natarajar Maaligai,
Egmore,
Chennai – 8.
3.The Deputy Inspector General of Prisons,
Prisons and Correctional Services Department,
Trichy Range,
Trichy – 23.
4.The Superintendent of Prison,
Central Prison,
Trichy. ... Respondents
Page 1 of 6
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W.P(MD)No.30493 of 2023
PRAYER: Petition filed under Article 226 of the Constitution of India,
seeking for issuance of a Writ of Certiorarified Mandamus to call for
the records in respect of impugned order passed by the third
respondent in No.106/Mu.Oo/2023 dated 04.12.2023 and quash the
same and consequently direct the respondents to grant 30 days
emergency leave without escort to the petitioner's husband namely
Balraj, S/o.Ponnaiyan a convict prisoner(Convict Prisoner No.24673)
now confined under Central Prison, Trichy for the purpose of
attending serious illness of his wife for a period of one month ie., from
21.12.2023 to 21.01.2024.
For Petitioner : Mr.S.Srikanth
For Respondents : Mr.S.Ravi,
Addl. Public Prosecutor
ORDER
J.NISHA BANU, J.
AND
K.K.RAMAKRISHNAN, J.
This writ petition has been filed challenging the impugned order
passed by the third respondent in No.106/Mu.Oo/2023 dated
04.12.2023 to quash the same and consequently direct the
respondents to grant 30 days emergency leave without escort to the
petitioner's husband namely Balraj, S/o.Ponnaiyan a convict
prisoner(Convict Prisoner No.24673) now confined under Central
Prison, Trichy, for the purpose of attending serious illness of his wife
for a period of one month ie., from 21.12.2023 to 21.01.2024.
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2. The learned counsel for the petitioner submits that the
petitioner's husband along with one another faced charges under
Section 11(iv) r/w 12, 5(1) r/w 6, 5(j)(ii) r/w 6 of POCSO Act and
Section 506(i) I.P.C., and after trial he was convicted by the Principal
Special Court for Exclusive Trial of Cases under POCSO Act,
Thanjavur, vide judgment, dated 14.02.2023 and he is now confined
at Central Prison, Trichy. The petitioner gave birth to a baby girl on
17.10.2023 and moreover, she is suffering from jaundice and anemia
and therefore, her health condition has become worst and nobody is
there to take care of her and therefore, she applied for emergency
leave for her husband for a period of one month through
representation, dated 20.11.2023. However, the third respondent
rejected the request of the petitioner vide the impugned order dated
04.12.2023. Hence, challenging the same, the petitioner has filed this
writ petition.
3. The learned Additional Public Prosecutor submitted that the
petitioner applied for one month emergency leave the said request was
rejected by the third respondent. However, considering the health
condition of the petitioner emergency leave for a period of six days
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with escorts may be granted.
4. In view of the said submission, we deem it fit to grant
emergency leave to the detenu from 06.01.2024 to 11.01.2024.
5. This Writ Petition is disposed of with a direction to the
fourth respondent to grant emergency leave to the petitioner's
husband namely Balraj, S/o.Ponnaiyan a convict prisoner(Convict
Prisoner No.24673) now confined under Central Prison, Trichy with
escorts. The detenus shall be released from the jail on 06.01.2024 at
07.00 a.m. and he shall be brought back to the jail on 11.01.2024 at
5.30 p.m. Cost for providing escorts shall be borne by the petitioner.
[J.N.B.,J.] & [K.K.R.K.,J.]
05.01.2024
Index :Yes/No
NCC :Yes/No
pm
Note:Issue Order Copy on 05.01.2024
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To
1.The Secretary to Government,
Home Department(Prison),
Government of Tamil Nadu,
Secretariat,
St. George Fort,
Chennai – 9.
2.The Additional Director General of Police(Prisons)/
The Inspector General of Police,
Office of ADGP (Prisons)/I.G of Prisons,
Thalamuthu Natarajar Maaligai,
Egmore,
Chennai – 8.
3.The Deputy Inspector General of Prisons,
Prisons and Correctional Services Department,
Trichy Range,
Trichy – 23.
4.The Superintendent of Prison,
Central Prison,
Trichy.
5.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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J.NISHA BANU, J.
AND
K.K.RAMAKRISHNAN, J.
pm
ORDER MADE IN
05.01.2024
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