S.Nalini vs State Of Tamil Nadu And Others

M.M.Sundresh, J

This petition is filed by the convict herself seeking a direction to the respondents to grant extension of ordinary leave, already granted, by order dated 05.07.2019 made in H.C.P.No.764 of 2019, for a further period of 30 days from 25.08.2019 to 25.09.2019.

For the back ground of facts of the case, earlier order of this court dated 05.07.2019 will have to be read as part and parcel of this order.

Heard both sides.

The learned counsel for the petitioner submitted that the process has not been completed since the relatives of the petitioner are living in Sri Lanka and they would be reaching here only hereafter. He further submitted that the current Tamil month is not an auspicious month and therefore, marriage could not be fixed as of now. Therefore, the request of the petitioner for extension of leave will have to be acceded to, especially, when this court has considered the same and exercised its discretion earlier.

The learned Additional Public Prosecutor submitted that the request made by the petitioner is pending consideration with the Government.

On a query, the learned Additional Public Prosecutor, submitted that there is nothing adverse which has come to the notice of the respondents including the conditions imposed. Therefore, considering the submissions made, we are inclined to extend the ordinary leave, already granted, for a further period of three weeks from 25.08.2019. This is for the reason that the power of extension is always with the Government which is yet to be exercised. We have already passed an order acknowledging the reason for granting leave. The petitioner has also complied with the conditions imposed.

Accordingly, the respondents are directed to extend the leave, already granted, from 25.08.2019 to 14.09.2019 on the same conditions imposed earlier. The petitioner shall return back to the prison at or before 05.00 p.m. on 15.09.2019. It is needless to state that the day on which the convict was released from the prison and the day on which she is readmitted will have to be excluded as per Rule 36 of the Tamil Nadu Suspension of Rules, 1982. This Habeas Corpus Petition is disposed of accordingly with the above directions.

The Registry is directed to list this matter on 16.09.2019 for reporting compliance.