Madras High Court
Sudharsan vs The State Of Tamil Nadu on 5 September, 2024
Author: C.V. Karthikeyan
Bench: C.V. Karthikeyan, J.Sathya Narayana Prasad
W.P (MD) No.21253 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.09.2024
CORAM:
THE HONOURABLE MR.JUSTICE C.V. KARTHIKEYAN
and
THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD
W.P (MD) No.21253 of 2024
Sudharsan ... Petitioner
-vs-
1. The State of Tamil Nadu,
Rep. by its Principal Secretary,
Home, Prohibition and Excise Department,
State of Tamil Nadu, Fort St.George,
Chennai.
2. The Director General of Police/
Director General of Prisons and Correctional Services,
CMDA Towers II, No.1, Gandhi Irvin Road,
Egmore, Chennai.
3. The Superintendent of Prison,
Trichy Central Prison,
Trichy District. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India,
to issue a Writ of Mandamus, to direct the respondents to grant 21 days
ordinary leave to the petitioner's father by name Sundararajan (CP.No.
20597) S/o.Rengasamy aged 62 years confining at Trichy Central Prison
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W.P (MD) No.21253 of 2024
as convict prisoner for the reason petitioner father has planning to share
the petitioner family property and to attend the petitioner son's the ear
piercing function on the basis of Rule 20 of the Tamil Nadu Suspension
of Sentence Rules, 1982 by considering the petitioner's representation
submitted to the respondents dated 23.08.2024 in accordance with law
within the time stipulated by this Court.
For Petitioner : Ms.M.Sudharani
For Respondents : Mr.A.Thiruvadi Kumar
Additional Public Prosecutor
ORDER
The petitioner is the son of Sundararajan, who is Convict
Prisoner No.20597, aged about 62 years and confined at Trichy Central
Prison consequent to judgment dated 25.06.2014 by the II Additional
District and Sessions Court, Trichy in S.C.No.137 of 2013 by which
judgment, the father of the petitioner was found guilty of commission of
offence punishable under Section 302 IPC.
2. The father of the petitioner has now suffered
imprisonment of 9 years 5 months and 27 days as on 27.04.2024. It is
stated that during his entire period of incarceration, he had taken only
one day leave. This petition had been filed since it is stated that the
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paternal aunt of the petitioner, T.Lakshmi, is suffering from several
diseases and therefore, it would be of some comfort to her if her
brother/father of the petitioner is permitted to be in her side for
sometime. It is also stated that the ear piercing function is said to be
conducted on 13.09.2024 at Trichy in the residence of the petitioner
herein and for that purpose, the petitioner is of the opinion that his
father's presence is required.
3. Heard Mr.A.Thiruvadi Kumar, the learned Additional
Public Prosecutor, who has also forwarded a written instruction.
4. Taking into consideration the fact that the father of the
petitioner had availed just one day Emergency Leave during his entire
period of incarceration of 9 years 5 months and 27 days as on 27.04.2024
and also that the reasons advanced have been verified and found to be
true and correct, we would exercise our jurisdiction and grant ordinary
leave for 21 days without escort under Rule 20 of the Tamil Nadu
Suspension of Sentence Rules, 1982, on the following terms:-
(i) The convict prisoner shall be released
from the prison at 10.30 a.m. on 10.09.2024
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and he shall return back to the prison at 5.30
p.m. on 30.09.2024;
(ii) During the aforesaid leave period, the
convict prisoner shall report before Thuraiyur
Police Station, Tiruchirappalli, daily at 10.30
a.m.
(iii) During the aforesaid leave period,
the convict prisoner shall stay within the
jurisdiction of Thuraiyur Police Station.
5. With the above directions, the Writ Petition is allowed.
No costs.
[C.V.K., J.] [J.S.N.P., J.]
05.09.2024
Index: Yes/No
Speaking/Non-speaking order
Neutral citation:Yes/No
PKN
Note: Issue order copy today i.e., 05.09.2024.
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To
1. The State of Tamil Nadu,
Rep. by its Principal Secretary,
Home, Prohibition and Excise Department,
State of Tamil Nadu, Fort St.George,
Chennai.
2. The Director General of Police/
Director General of Prisons and Correctional Services,
CMDA Towers II, No.1, Gandhi Irvin Road,
Egmore, Chennai.
3. The Superintendent of Prison,
Trichy Central Prison,
Trichy District.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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C.V. KARTHIKEYAN, J.
and
J.SATHYA NARAYANA PRASAD, J.
PKN
05.09.2024
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