Madras High Court
M.Meenal vs The Secretary To Government on 26 September, 2024
Author: C.V.Karthikeyan
Bench: C.V.Karthikeyan
W.P(MD) No.21403 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Date: 26.09.2024
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
and
THE HON'BLE MS.JUSTICE R.POORNIMA
W.P(MD) No.21403 of 2024
M.Meenal ... Petitioner
Vs
1. The Secretary to Government
Home Department(Prison)
Government of TamilNadu
Secretariat, Fort St. George
Chennai -9
2. The Additional Director General of Police(Prisons)
The Inspector General of POlice
Office of ADGP(Prisons)/I.G of Prisons,
Thalamuthu Natarajan Maaligai
Egmore, Chennai -8
3. The Deputy Inspector General of Prison
Prisons and Correctional Services
Trichy Range, Trichy - 23
4. The Superintendent of Prison
Central Prison,
Trichy
1/6
https://www.mhc.tn.gov.in/judis
W.P(MD) No.21403 of 2024
5. The Commissioner of Police
Trichy District
(R5suo motu impleaded vide court order
dated 10.09.2024 in WP(MD) No.21403 of 2024) ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Mandamus, directing the
fourth respondent to grant 15 days emergency leave to the petitioner's
husband without escort who is confined in Central Prison, Trichy by
name Murugappan, S/o. Chinnakannu(convict prisoner No.23799) a life
convict for the purpose of attending serious illness of his wife for a
period of 15 days based on the petitioner's representation dated
02.04.2024.
For Petitioner : Mr.S.Srikanth
For Respondents : Mr.A.Thiruvadikumar
Additional Public Prosecutor.
ORDER
The writ petition has been filed in the nature of a Mandamus
seeking emergency leave to the husband of the petitioner, Murugappan,
S/o. Chinnakannu, a life convict, (convict prisoner No.23799) and now
confined in Central Prison, Trichy, consequent to the representation
given by the petitioner on 02.04.2024.
https://www.mhc.tn.gov.in/judis
2. It is contended that the petitioner is suffering from serious
illness. The husband of the petitioner had been convicted by judgment
dated 02.08.2021 in Spl.S.C. No.30 of 2020 for the offences punishable
under Sections 5(m)r/w. 6(l) of POCSO Act, 2012 and sentenced life
imprisonment and a fine of Rs.70,000/- i/d to undergo one year simple
imprisonment by the Mahila Court, Pudukottai.
3. In the affidavit filed in support of the petition, the petitioner had
stated that she had given a representation dated 02.07.2024 seeking
emergency leave. It is stated that owing to age, she is suffering from
anaemia and requires the comfort of her husband for medical assistance.
We had included the Commissioner of Police, Trichy District as fifth
respondent and sought counter to be filed as to the nature of escort
which are normally provided and the charges for the escort.
4. A perusal of the same shows that for a single prisoner who are
at low risk two police constable are normally provided and the charges
have also been stated. The same may be provided.
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5. Taking into consideration all the factors, we grant emergency
leave to the husband of the petitioner with escort for a period of three
days commencing from 02.10.2024 to 04.10.2024. The petitioner may be
released from prison on 01.10.2024 at 10.30 am., and he shall return
back to the prison on 04.10.2024 at 04.00 pm., The charges for the escort
would be deducted from the earnings of the petitioner in prison.
6. Observing as above, the Writ Petition stands disposed of .
(C.V.K., J.) (R.P, J.)
26.09.2024
Index : Yes / No
Internet : Yes / No
NCC : Yes / No
aav
Note: Issue order copy on 27.09.2024
https://www.mhc.tn.gov.in/judis
To
1. The Secretary to Government
Home Department(Prison)
Government of TamilNadu
Secretariat, Fort St. George
Chennai -9
2. The Additional Director General of Police(Prisons)
The Inspector General of POlice
Office of ADGP(Prisons)/I.G of Prisons,
Thalamuthu Natarajan Maaligai
Egmore, Chennai -8
3. The Deputy Inspector General of Prison
Prisons and Correctional Services
Trichy Range, Trichy - 23
4. The Superintendent of Prison
Central Prison,
Trichy
5. The Commissioner of Police
Trichy District
6.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
C.V.KARTHIKEYAN, J.
and
R.POORNIMA, J.
aav
26.09.2024
https://www.mhc.tn.gov.in/judis
