R. PREMA Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) The petitioner seeks for grant of leave for her husband/Convict No. 13391, who has been lodged in Central Prison, Cuddalore, on the ground that he is undergoing Spinal Cord ailment.

(2.) Today, when the matter was called, the learned Additional Public Prosecutor, on instructions, submitted that the petitioner's husband is indeed undergoing certain medical ailments, for which he has availed leave on many occasions. He would further submit that since the present request is made on the ground of illness, his request can be considered under emergency leave, which can be only for a period of 15 days as per Rule 13 of the Tamil Nadu Suspension and Sentence Rules, 1982.

(3.) In view of the fact that the medical illness of the petitioner's husband is not disputed and also taking note of the provisions of the Tamil Nadu Suspension and Sentence Rules, 1982, wherein Rule 22 provides for ordinary leave for a period not exceeding one month, this Court is of the view that the petitioner can be granted ordinary leave for a period of atleast three weeks.