Madras High Court
Karthtika vs The Secretary To Government on 16 October, 2024
Author: C.V.Karthikeyan
Bench: C.V.Karthikeyan
W.P(MD) No.22422 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Date : 16.10.2024
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
AND
THE HONOURABLE MS.JUSTICE R.POORNIMA
W.P(MD) No.22422 of 2024
Karthtika ... Petitioner
Vs
1. The Secretary to Government
Home Department(Prison)
Government of Tamil Nadu
Secretariat, St. George Fort,
Chennai
2. The Additional Director General of Police
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,
Madurai Range,
Madurai
4. The Superintendent of Prison,
Central Prison,
Madurai ... Respondents
1/8
https://www.mhc.tn.gov.in/judis
W.P(MD) No.22422 of 2024
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Certiorarified Mandamus, to
call for the records in respect of the impugned order passed by the fourth
respondent in No.E322570/tha.ku.2/2024 dated 05.09.2024 and quash
the same and consequently direct the respondents to grant one month
emergency leave without escort to the petitioner's husband namely
Selvaraj, S/o.Duraisamy a life convict prisoner (C.P.No.6108) now
confined at Central Prison, Madurai for the purpose of attending serious
illness of his mother and further to arrange medical expenses for his
mother.
For Petitioner : Mr.S.Srikanth
For Respondents : Mr.A.Thiruvadi Kumar,
Additional Public Prosecutor.
ORDER
The Writ Petition has been filed in the nature of a Writ of
Certiorarified Mandamus seeking to call for the records of the orders
passed by the fourth respondent/Superintendent of Prison, Central Prison,
Madurai dated 05.09.2024 in No.E322570/tha.ku.2/2024 and quash the
same and grant emergency leave to the husband of the petitioner namely
Selvaraj, S/o.Duraisamy a life convict prisoner (C.P.No.6108) now
confined at Central Prison, Madurai.
https://www.mhc.tn.gov.in/judis
2. The reason for grant of leave is that the mother of the
convict prisoner Palaniammal is seriously ill. The representation had
been rejected by the fourth respondent. It is seen from the records that the
husband of the petitioner had been convicted in Spl.S.C. No.31 of 2019
by the learned III Additional District and Sessions Judge, Special Court
of SC and ST (PCR) Act Cases, Madurai for the offence punishable
under Section 120(B)r/w.302 of IPC r/w.Section 3(2)(v) of SC/ST Act
and sentenced life imprisonment till death and fine of Rs.5000/- i/d three
years Rigorous imprisonment and sentenced to undergo life
imprisonment and fine of Rs.5000/-i/d to under go three years rigorous
imprisonment for the offence under Section 364 of IPC r/w.Section 3(2)
(v) of SC/ST Act vide judgment dated 08.03.2022. Appeal had been filed
before this Court in Crl.A(MD) No.233 of 2022 and the same had been
dismissed with slight modification in the sentence. A further appeal is
pending before the the Hon'ble Supreme Court.
3. With respect to the ailment of the mother of the convict
prisoner, Palaniammal, we have sought for a report from the Probationary
Officer who stated that it is a fact that the mother of the convict prisoner
https://www.mhc.tn.gov.in/judis
is suffering from various ailments including in lungs, depression and also
eye sight . She is treated in Surya Hospital under Dr. Prakash as out
patient.
4. Since the fact stated has been verifies has been correct, we
are inclined to exercise our jurisdiction and quash the order of the fourth
respondent, we are of the opinion that the husband of the petitioner
namely Selvaraj, S/o.Duraisamy a life convict prisoner (C.P.No.6108)
now confined at Central Prison, Madurai, can be granted emergency
leave for three days from 18.10.2024 at 10.00 a.m. to 20.10.2024 at 5.00
p.m., however, with escort.
5. The Superintendent of Prison, Central Prison, Madurai,
may exercise his discretion as to the nature of the escort to be provided
taking into consideration the sensitivity of the case in which the husband
of the petitioner was involved.
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6. Accordingly, the convict prisoner is granted emergency
leave for 3 days with escort on the following conditions :-
(a)The convict prisoner, Selvaraj, S/o.Duraisamy,
[Convict Prisoner No.6108], now detained in the
Central Prison, Madurai, is granted emergency leave for
three (s) days from 18.10.2024 to 20.10.2024.
(b) The convict prisoner shall be released from
the prison at 10.00 a.m., on 18.10.2024 and he shall
return back to the prison at 5.00 p.m., on 20.10.2024.
(c)The fourth respondent is directed to provide
escort to the convict from the Central Prison at the time
when he leaves the prison and till such time, he is taken
back to the prison. It is clarified that the cost involved
in providing escort shall be borne by the petitioner.
(d) During the leave period, the convict prisoner
shall abide by all the conditions prescribed in the Jail
Manual.
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7. With the above direction, the Writ Petition stands
disposed of.
(C.V.K., J.) (R.P., J.)
16.10.2024
Index : Yes / No
Internet : Yes / No
NCC : Yes / No
aav
Note : Issue order copy on 17.10.2024
To
1. The Secretary to Government
Home Department(Prison)
Government of Tamil Nadu
Secretariat, St. George Fort,
Chennai
2. The Additional Director General of Police
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,
Madurai Range,
Madurai
https://www.mhc.tn.gov.in/judis
4. The Superintendent of Prison,
Central Prison,
Madurai
5.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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C.V.KARTHIKEYAN, J.
AND
R.POORNIMA, J.
aav
16.10.2024
https://www.mhc.tn.gov.in/judis
