Disposed

Anisha Banu v. the State Rep by Its

Madras HC20 Feb 2024WMP/4219/2024

Case brief

AI extract

What is this about?

Wife of a life convict sought extension of ordinary leave earlier granted by the Court for 40 days. Noting the appeal still pending before the Supreme Court and a positive Probation Officer's report on the convict's conduct, the Court extended ordinary leave without escort for a further 40 days, subject to surrender, police reporting and probation conditions.

What did the court decide?

Ordinary leave of convict Abuthahir extended by 40 days (22.02.2024 to 03.04.2024) without escort, subject to conditions.

Anisha Banu Vs the State Rep by Its — Bail and Remand | Madras HC (2024)

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W.M.P.No.4219 of 2024 in W.P.No.32353 of 2023

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W.M.P.No.4219 of 2024

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M.S.RAMESH, J. AND SUNDER MOHAN, J.

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[Order of the Court was made by M.S.RAMESH, J. ]

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This petition has been filed seeking extension of ordinary leave granted to the petitioner's husband vide order of this Court dated 11.01.2024 in W.M.P.No.31975 of 2023, for a period of three months.

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On consideration that though the appeal was pending before the

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Hon'ble Supreme Court, granting of interim bail may not be appropriate, and the co-accused involved in the subject case were already granted interim

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bail, we had, through an earlier order passed on 11.01.2024, granted ordinary leave for a period of 40 days between 13.01.2024 to 21.02.2024. It is now

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stated that the appeal is still pending before the Hon'ble Supreme Court.

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https://www.mhc.tn.gov.in/judis

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W.M.P.No.4219 of 2024

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3.This apart, in the report of the Probation Officer, it is stated that the life convict, while on ordinary leave, was of good conduct and has not indulged in any complaints.

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In view of the appeal pending before the Hon'ble Supreme Court and the positive report of the Probation Officer, we are inclined to extend the ordinary leave for a further period of 40 days commencing from 22.02.2024 till 03.04.2024.

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Hence, the petitioner's husband / convict prisoner i.e., Abuthahir, S/o.Mohamed Yaqoob (CT No.10681), is permitted to avail ordinary leave

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for a further period of 40 days without escort, on the following conditions.

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(i) Respondents are directed to release the Convict Prisoner viz., Abuthahir, S/o.Mohamed Yaqoob (CT No.10681), on Ordinary Leave for a further period of 40 days i.e., from 22.02.2024 to 03.04.2024.

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https://www.mhc.tn.gov.in/judis

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W.M.P.No.4219 of 2024

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(ii) The Convict Prisoner shall surrender before the Superintendent of Prison, Central Prison, Coimbatore, on 03.04.2024 at 05.00 p.m.

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(iii) The Convict Prisoner is directed to report before the Ukkadam Police Station, Coimbatore, twice a week i.e., on every Monday and Thursday at 05.00 pm, during the period of leave.

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(iv) During the period of leave, the Probation Officer shall furnish a report touching upon the conduct of the detenue whilst he was on leave.

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(v) The Convict Prisoner shall utilize the leave only for the ground on which it has been granted and shall not indulge in any other activities.

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[M.S.R., J] [S.M., J] 20.02.2024

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(2/4)

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Anu

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Note: Issue Order Copy on 21 .02.2024.

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https://www.mhc.tn.gov.in/judis

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W.M.P.No.4219 of 2024

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M.S.RAMESH, J. AND SUNDER MOHAN, J.

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Anu

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W.M.P.No.4219 of 2024 in W.P.No.32353 of 2023

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20.02.2024

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https://www.mhc.tn.gov.in/judis

Anisha Banu v. the State Rep by Its

Case brief

What is this about?

What did the court decide?

Anisha Banu v. the State Rep by Its

Case brief

What is this about?

What did the court decide?

What the court decided

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