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2014 DIGILAW 3474 (MAD)

G. Ponmani v. Inspector of General of Police, Chennai

2014-09-19

T.S.SIVAGNANAM

body2014
Judgment 1. The petitioner seeks for issuance of writ of mandamus, directing the 1st respondent to issue necessary direction to the third respondent for taking appropriate action to lock up the petitioner's husband by name Gopal @ Gopalakrishnan in the general cell in stead of locking up the petitioner's husband in the separate cell in the Central Prison, Trichirappalli, based on her representation dated 01.07.2013. 2. The learned Additional Government Pleader, on written instructions from the Superintendent of Prisons, Central Prison, Trichy-20, dated 09.07.2013, has brought to the notice of this Court that the petitioner's husband is a remand prisoner and a secret message was received that the remand prisoners has used Cell Phone on 27.06.2013 and a Search Team was formed, headed by the Superintendent of Prison and Jailor of the Prison. When surprise visit was conducted by the Special Team, the remand prisoner opposed for searching and he refused to co-operate for body frisking and he has abused the Searching Team by using unparliamentary words. Therefore, he was shifted to some other block of high security for close watch and to avoid prison offence and he was not awarded cellular confinement. Further, the same was recorded in the Jailor's report Book on 27.06.2013. After enquiry, the Superintendent of Prisons awarded a stoppage of interview for a period of three months as per the Tamil Nadu Prison Manual Vol.II Rule No.302 (a) (4). 3. In the light of the above instructions, it is seen that there is no cellular confinement of the petitioner's husband and he was placed in the high security prison for close watch and the said fact has been recorded in the Jailor's book, on 27.06.2013. 4. In the light of the above, no further orders are necessary, except placing on record the submission made by the third respondent. This writ petition is disposed of. No costs.