LATHA Vs. STATE

JUDGEMENT

(1.) This writ petition has been filed seeking for a direction to the first respondent to grant leave for 30 days to petitioner's husband, the detenue, Thirupathirajan S/o Narayanan life convict prisoner Convict No. 4432 detained at Central Prison, Palayamkottai under Rule 40 of the Tamil Nadu Suspension of Sentences Rule, 1982.

(2.) The petitioner is the wife of the detenue, viz., Thirupathirajan S/o Narayanan undergoing life imprisonment in Central Prison, Palayamkottai since 27.07.2019.

(3.) It is the case of the petitioner that her husband faced trial in S.C.No.99 of 2007 before the learned Sessions Court, Nagercoil and he was acquitted from charges on 29.04.2016. After the acquittal, the petitioner had married the detenue on 24.03.2019 at Sri Hari Narayana Swamy Temple in Kumarapuram, Thoopur, Kannniyakumari District. In the meanwhile, against the order of acquittal, the State had preferred an appeal before this Court and this Court reversed the judgment of acquittal and awarded life sentence to the petitioner on 27.06.2019. Pursuant to the same, the petitioner's husband surrendered on 27.07.2019. Based on the order of acquittal, the petitioner had married the detenue on 24.03.2019 and ultimately, the order of acquittal was reversed and the petitioner's husband surrendered on 27.07.2019 without making any basic essential arrangements for the day to day life of the petitioner. Since the petitioner had been pushed down to a difficult situation without any support, she had filed this petition to grant leave for 30 days to her husband.