LAWS(MAD)-2021-9-47

S.SANTHOSAM Vs. STATE

Decided On September 02, 2021
S.Santhosam Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) The petitioner is the sister of one Gunasekaran @ Udayakumar @ Kumar. Gunasekaran was prosecuted in Pappireddipatti P.S. Cr.No.37 of 2010 and he faced trial in S.C. No.39 of 2010 in the Court of the Principal Sessions Judge, Dharmapuri, in which, he was convicted on 26/10/2016 of the offences under Ss. 302 and 394 IPC and was sentenced to two terms of imprisonment, the maximum being imprisonment for life. The appeal preferred by him thereagainst in Crl.A. No.267 of 2017 was dismissed by this Court on 10/1/2020. After his conviction and sentence, he was lodged in the Central Prison, Vellore, as a convict prisoner for undergoing the sentence. Since Gunasekaran was facing trial in two other cases, viz., S.C. No.210 of 2011 for the offence under Ss. 395 read with Sec. 397 IPC before the I Additional Sessions Court, Salem and S.C. No.334 of 2017 for the offences under Ss. 120, 379, 302 and 414 IPC in the Court of the II Additional District Judge, Salem, he was transferred from the Central Prison, Vellore, to the Central Prison, Salem, so that it will be convenient for the prison authorities to produce him for trial before the said two Courts in Salem on the hearing dates.

(2.) While that being so, the petitioner addressed a representation dtd. 19/6/2021 to the Home Secretary, Government of Tamil Nadu, the Deputy Inspector General of Prisons, Coimbatore Range and the Superintendent, Central Prison, Salem, seeking 10 days emergency leave for her brother Gunasekaran to visit their mother Kasiammal, aged 82 years, whose health condition is said to be critical. Pending that representation, the petitioner has filed the instant writ petition for a mandamus to the respondents to grant 10 days emergency leave to Gunasekaran by considering her representation dtd. 19/6/2021.

(3.) Heard Mrs. S. Nadhiya, learned counsel for the petitioner and Mr.R.Muniyapparaj, learned Government Advocate (Crl. Side) appearing for the respondents.