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2024 DIGILAW 1966 (MAD)

S. Shanthi v. Director General of Prison, Office of the Director General of Prison

2024-08-16

S.M.SUBRAMANIAM, V.SIVAGNANAM

body2024
ORDER : S.M.SUBRAMANIAM, J. Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 26.07.2024 and grant leave for petitioner's husband, detenue namely Srinivasan S/o. Vembu Santhanam (C.T.8648) without police protection for 28 days, within time frame as fixed by this Court. This petition has been filed seeking Writ of Mandamus to direct the respondents to consider the petitioner's representation dated 26.07.2024, and grant leave for petitioner's husband, detenue namely Srinivasan S/o. Vembu Santhanam, aged 54 years, CT.No.8648 without police protection, who was convicted for the offence punishable under Section 9(f), (k) and (m) of POCSO Act, on 28.10.2021 in Crl.A.No.358 of 2021 and was sentenced to undergo Rigorous Imprisonment for 5 years and fine of Rs.5,000/- in default to undergo Rigorous Imprisonment for 06 months. 2. The learned counsel for the petitioner submitted that the petitioner's husband/convict prisoner has undergone 02 years 09 months and 09 days of imprisonment, including the remand set off period. The petitioner/the wife of the convict prisoner has submitted an application seeking 28 days ordinary leave for her husband/convict prisoner on the ground that she has to undergo heart surgery. Therefore, to look after her, an application is submitted for Ordinary Leave. 3. The learned Additional Public Prosecutor would oppose by stating that the convict prisoner is eligible only for 21 days of ordinary leave. 4. Accordingly, the convict prisoner viz., Srinivasan S/o. Vembu Santhanam, aged 54, bearing C.T.No. 8648, lodged at Central Prison, Puzhal - 1, Chennai, is hereby granted ordinary leave for a period of 21 days, without escort commencing from 22.08.2024 on the following conditions. (i) Respondents are directed to release the Convict Prisoner viz., Srinivasan S/o. Vembu Santhanam, aged 54, bearing C.T.No.8648, lodged at Central Prison, Puzhal - 1, Chennai, on Ordinary Leave for a period of 21 days i.e., from 22.08.2024 to 11.09.2024. (ii) The Convict Prisoner shall be released on 22.08.2024 at 10.00 am and surrender before the Superintendent of Prison, Central Prison, Puzhal -1, Chennai – 600 066, on 11.09.2024 at 05.30 p.m. (iii) The Convict Prisoner is directed to report before the Judicial Magistrate Court, Ambattur twice in a week i.e., on every Monday and Thursday at 10.30 a.m, during the period of leave. (iv) 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. 5. Accordingly, the writ petition stands disposed of. No Costs.