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2024 DIGILAW 2003 (MAD)

Mahalakshmi v. State

2024-08-19

R.SAKTHIVEL, S.M.SUBRAMANIAM

body2024
ORDER : Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to grant emergency leave for 15 days without escort to the detenue, Ranjithkumar S/o Mani aged about 35 years, convict prisoner, bearing Convict No. 8929 confined at Central Prison, Salem. 1. The Writ of Mandamus has been instituted to direct the respondents to grant emergency leave for 15 days without escort to the detenu Ranjithkumar S/o Mani aged about 35 years bearing Convict No. 8929 confined at Central Prison, Salem. 2. The petitioner submitted an application seeking Emergency Leave for 15 days on the ground that the assistance of her husband/convict prisoner is required at the time of taking treatment for the petitioner. 3. The Probation Officer submitted his report stating that the wife of the convict prisoner is taking treatment for serious ailments. The petitioner has submitted the medical report, which would reveal that the wife of the convict prisoner is taking treatment. 4. Considering the fact that the presence of the convict prisoner for providing treatment to his wife is required, we are inclined to permit the petitioner's husband/convict prisoner i.e. Ranjithkumar S/o Mani aged about 35 years, bearing Convict No. 8929 confined at Central Prison, Salem, to avail Emergency Leave for a period of six (6) days without escort, on the following conditions: (1) The respondents are directed to release the Convict Prisoner viz. Ranjithkumar S/o Mani aged about 35 years, bearing Convict No. 8929 confined at Central Prison, Salem, on Emergency Leave for a period of six (6) days without escort i.e. from 24.08.2024 to 29.08.2024. (2) The Convict Prisoner shall be released on 24.08.2024 at 10.00 A.M. and surrender before the Superintendent of Prisons, Central Prison, Salem, on 29.08.2024 at 05.00 P.M. (3) During the leave period, the Convict Prisoner shall abide by all the conditions prescribed in the Jail Manual. (4) 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. With the above directions, this Writ Petition stands disposed of. No costs.