Madras High Court
Dhanalakshmi vs The State Represented By on 9 September, 2024
Author: C.V.Karthikeyan
Bench: C.V.Karthikeyan, J.Sathya Narayana Prasad
W.P(MD) No.20589 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Date : 09.09.2024
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
AND
THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD
W.P(MD) No.20589 of 2024
Dhanalakshmi ... Petitioner
Vs
1.The State represented by
The Principal Secretary to Government,
Home, Prohibition and Excise (Prison-IV)
Fort St.George,
Chennai 600 009.
2. The Director General of Prisons,
O/o. Tamil Nadu Prisons Headquarters,
Whannels Road,
Egmore,
Chennai 600 008.
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W.P(MD) No.20589 of 2024
3. The Deputy Inspector General of Prisons,
Trichy Range,
Race Course Road,
Trichy 620 023.
4. The Superintendent of Prisons,
Central Prison,
Trichy 620 020. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Mandamus, directing the
respondents to grant 28 days ordinary leave without Police escort to
petitioner's husband namely, Senthilmurugan, S/o. Subbiah (Convict
Prisoner No.16321) confined at Central Prison, Tiruchirappalli, by
considering the representation, dated 15.07.2024 forthwith.
For Petitioner : Mr.C.Karthikeyan
For Respondents : Mr.A.Thiruvadi Kumar,
Additional Public Prosecutor.
ORDER
The Writ Petition has been filed in the nature of Mandamus seeking direction to the respondents to grant 28 days ordinary leave without Police escort to the husband of the petitioner, by name 2/6 https://www.mhc.tn.gov.in/judis W.P(MD) No.20589 of 2024 Senthilmurugan son of Subbiah, convict prisoner No.16321, now confined at Central Prison, Trichirappalli, by considering the representation dated 15.07.2024.
2. In the affidavit filed in support of the Writ Petition, it had been stated that the father-in-law of the petitioner/father of the convict prisoner had become depressed and took sudden illness. He was then admitted to Government Hospital, Perambalur and it is stated that he is suffering from Chronic Obstructive Pulmonary Disease (COPD). Owing to that, the petitioner had sent a representation seeking leave for her husband. Additionally, she had stated that they have two children who are studying in 1st year B.Sc., and 12th standard and he had to make arrangements for payment of fees also.
3. The learned Additional Public Prosecutor forwarded a copy of proceedings dated 02.09.2024 in Proceedings No.106/Kc/2024 passed by the third respondent herein, wherein, the representation had been considered and rejected. Among other grounds, the main ground for which it had been rejected is that there is a danger of the husband of 3/6 https://www.mhc.tn.gov.in/judis W.P(MD) No.20589 of 2024 the petitioner threatening the complainant in the case in which he has convicted. It is also stated that when in an earlier occasion, an emergency leave had been granted to him, he had escaped and had not reported to the prisoner authorities on the date specified and for that offence, he had also been convicted. It is thus stated that his presence would be dangerous or prejudicial to public peace and tranquility. Reliance had been made on the Suspension of Prison Rules 21(d), 21(i) and 21(c).
4. In view of the same, since orders have been passed on the representation given by the petitioner, the Writ Petition stands dismissed. The petitioner is of-course at liberty to file any application in appropriate manner questioning the order passed by the third respondent.
(C.V.K., J.) (J.S.N.P, J.)
09.09.2024
Index : Yes / No
Internet : Yes / No
NCC : Yes / No
RM
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2. The Director General of Prisons, O/o. Tamil Nadu Prisons Headquarters, Whannels Road, Egmore, Chennai 600 008.
3. The Deputy Inspector General of Prisons, Trichy Range, Race Course Road, Trichy 620 023.
4. The Superintendent of Prisons, Central Prison, Trichy 620 020.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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and J.SATHYA NARAYANA PRASAD, J.
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