Allowed

P.Gunavathi v. the Home Secretary

Madras HC4 Jun 2024WP/14125/2024

Case brief

AI extract

What is this about?

The High Court quashed an order rejecting emergency leave for a convict prisoner. Relying on a favorable probation officer report regarding the genuineness of the purpose (paying school fees), the Court granted 3 days of emergency leave with escort, overriding the lower authority's reasoning regarding a pending appeal.

What did the court decide?

Impugned rejection order quashed; 3 days emergency leave with escort of three policemen granted to the convict prisoner.

P.Gunavathi Vs the Home Secretary — Bail and Remand | Madras HC (2024)

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W.P.No.14125 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 04.06.2024

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CORAM :

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THE HONOURABLE MR. JUSTICE M.S. RAMESH

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AND

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THE HONOURABLE MR. JUSTICE SUNDER MOHAN

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W.P.No.14125 of 2024 and W.M.P.No.15307 of 2024

P.Gunavathi

... Petitioner

Vs.

1.The Home Secretary Home Department Secretariat, Fort St. George Chennai 600 009

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2.The Director General of Police and Inspector General of Prisons Whannels Road, Egmore Chennai 600 008

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3.The Superintendent of Prison Cuddalore Central Prison Cuddalore District ... Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorari Mandamus, calling for the

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

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Page 1 of 6

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W.P.No.14125 of 2024

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records and quash the impugned rejection order passed vide No.7384/Tha.Ku.2/2024 dated 14.05.2024 by the 3rd respondent and further direct the 3rd respondent to grant Emergency Leave of 6 days without escorts to the petitioner's husband viz. convict prisoner Perumal, S/o.Suryakandhan, CT-17259 for withdraw the amounts in the Bank and pay the school fees in pursuant to my representation to the respondents dated 10.05.2024.

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F or Petitioner : Mrs.Mohammed Saifulla for P.Muthamizh Selvakumar For Respondents : Mr.A.Gokulakrishnan Additional Public Prosecutor Assisted by Mr.C.Aravind

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ORDER

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

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This Writ Petition has been filed challenging the impugned rejection order passed by the 3rd respondent vide No.7384/Tha.Ku.2/2024 dated 14.05.2024 and to further direct the 3rd

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respondent to grant Emergency Leave of 6 days without escorts to the petitioner's husband viz. convict prisoner Perumal, S/o.Suryakandhan,

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Page 2 of 6 https://www.mhc.tn.gov.in/judis

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W.P.No.14125 of 2024

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CT-17259 for withdrawing the amounts deposited in the Bank and pay the school fees in pursuant to the representation to the respondents dated 10.05.2024.

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2. The only reason assigned in the impugned order for rejecting the

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petitioner's request for grant of emergency leave to her husband is that an appeal in Crl.A.No.970 of 2023 is pending before the Hon'ble High Court.

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3. The learned counsel for the petitioner submitted that the convict

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prisoner has to withdraw amounts from the Bank to pay the school fee.

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4. The learned Additional Public Prosecutor has produced a report of the Probation Officer dated 03.06.2024, which is in favour of the convict prisoner and the Probation Officer has stated that the reason for which the petitioner seeks emergency leave (i.e.) for withdrawing the amount to pay the school fee, is genuine.

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Page 3 of 6 https://www.mhc.tn.gov.in/judis

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W.P.No.14125 of 2024

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5. Since no other reason has been assigned in the impugned order dated 14.05.2024 for rejecting the petitioner's representation and that the report of the Probation Officer dated 03.06.2024, is also in favour of the petitioner, we are inclined to consider the prayer sought for in this Writ Petition.

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6. Accordingly, the impugned order dated 14.05.2024 passed in No.7384/Tha.Ku.2/2024 by the 3rd respondent, is hereby quashed. Consequently there shall be a direction to the respondents herein, to grant 3 days emergency leave “with escort of three policemen” to the convict prisoner namely Mr.Perumal, S/o.Suryakandhan, CT.No.17259, commencing from 10.06.2024 to 12.06.2024. A fter expiry of the Emergency Leave, the convict prisoner shall surrender before the Jail Authorities on 13.06.2024 before 10.00 a.m. The prisoner shall utilize the leave only for the purpose for which it has been granted and shall not indulge in any other activities.

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Page 4 of 6 https://www.mhc.tn.gov.in/judis

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W.P.No.14125 of 2024

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7. With the above direction, the Writ Petition stands allowed. No

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costs. Consequently, the connected miscellaneous petition is closed.

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

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04.06.2024

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Index: Yes/No Neutral Citation

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kas Note: Issue Order Copy on 07.06.2024

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To 1.The Home Secretary Home Department Secretariat, Fort St. George Chennai 600 009

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2.The Director General of Police and Inspector General of Prisons Whannels Road, Egmore Chennai 600 008

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3.The Superintendent of Prison Cuddalore Central Prison Cuddalore District

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4.The Public Prosecutor

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Page 5 of 6

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

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W.P.No.14125 of 2024

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High Court of Madras Chennai 600 104

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

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kas

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W.P.No.14125 of 2024 and W.M.P.No.15307 of 2024

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04.06.2024

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Page 6 of 6 https://www.mhc.tn.gov.in/judis

P.Gunavathi v. the Home Secretary

Case brief

What is this about?

What did the court decide?

P.Gunavathi v. the Home Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

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