The petitioner sought ordinary leave for a detenu under Article 226. The Court dismissed the petition as the detenu had pending criminal cases, making him ineligible under Rule No.35 of the Tamil Nadu Suspension of Sentence Rules, 1982, and the Probation Officer found the grounds for leave not genuine. No costs were imposed.
Writ petition dismissed. No costs.
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W.P.No.17306 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.07.2024
CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH
AND
THE HONOURABLE MR. JUSTICE SUNDER MOHAN
W.P.No.17306 of 2024
Mallika
... Petitioner
Vs.
1.The State represented by its The Deputy Inspector General of Prison Gandhi Irwin Road, Egmore Chennai 600 008
2.The Superintendent Puzhal 600 066 ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the respondents to grant ordinary leave for 30 days without escort to the detenu, Kotteeswaran, S/o.Thamizhselvan, aged about 25 years, bearing Convict No.9354, confined at Central Prison, Puzhal.
For Petitioner : Ms.S.Sadhana For Respondents : Mr.A.Gokulakrishnan Additional Public Prosecutor
Page 1 of 4
W.P.No.17306 of 2024
ORDER
M.S.RAMESH, J.
and SUNDER MOHAN, J.
The petitioner in the above Writ Petition seeks for a direction to the respondents to grant ordinary leave for 30 days without escort to the detenu, Kotteeswaran, S/o.Thamizhselvan, aged about 25 years, bearing Convict No.9354, confined at Central Prison, Puzhal.
2.Admittedly, there are three criminal cases against the petitioner, which are pending trial in different Courts at Chennai and as per Rule No.35 of Tamil Nadu Suspension of Sentence Rules, 1982, a prisoner is ineligible to seek for leave when there are cases pending trial against him. This apart, the Probation Officer has also not recommended the petitioner's case for grant of leave on the ground that the reason assigned by the petitioner in his application that his mother is seriously ill is not at all genuine and there is also a life threat to him from the rival group.
Page 2 of 4
W.P.No.17306 of 2024
3.In view of the above, this Court is not inclined to grant the relief
sought for by the petitioner in the above writ petition. The writ petition stands dismissed accordingly. No costs.
[M.S.R., J] [S.M., J] 23.07.2024
kas
Index : Yes / No Neutral Citation
To
1.The Deputy Inspector General of Prison Gandhi Irwin Road, Egmore Chennai 600 008 2.The Superintendent Puzhal 600 066
3.The Public Prosecutor High Court of Madras Chennai 600 104
Page 3 of 4
W.P.No.17306 of 2024
M.S.RAMESH, J. and SUNDER MOHAN, J.
kas
W.P.No.17306 of 2024
23.07.2024
Page 4 of 4
1 issue framed by the court
Whether a prisoner with pending criminal cases is eligible for ordinary leave without escort under Rule No.35 of Tamil Nadu Suspension of Sentence Rules, 1982?
2 provisions across 2 enactments
Mallika
The State
The Superintendent Puzhal
M.S. RAMESH
SUNDER MOHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
