Perumal v. The Deputy Inspector General Of Prisons
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.01.2025 CORAM :
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE M.JOTHIRAMAN Perumal S/o Annamalai ..
Petitioner v.
1. The Deputy Inspector General of Prisons Chennai Range, Prison Headquarters Whannels Road, Egmore Chennai 600 008
2. The Superintendent of Prisons Central Prison-1 Puzhal, Chennai 600 066 ..
Respondents Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records in the order date on 09.12.2024 bearing no.438552/tha.ku.2/2024 passed by respondent no.2 and quashing the same and directing the respondents to grant 21 days ordinary leave without escort, instead of with escort for the petitioner, namely, Perumal, S/o Annamalai, aged 58 years, Convict Prisoner, Convict No.2987, Central Prison, Puzhal. For Petitioner ::
Mrs.S.Nadhiya
For Respondents ::
Mr.R.Muniyapparaj Additional Public Prosecutor
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM,J.) W.M.P.No.190 of 2025 seeking to dispense with the production of the original certified copy of impugned order, stands ordered.
2. While granting ordinary leave for 21 days to the prisoner, the prison authorities imposed escort. Thus the present writ petition came to be instituted.
3. The Probation Officer recommended for grant of ordinary leave. The conduct of the prisoner inside the prison is found to be satisfactory. He is eligible to avail ordinary leave for 21 days as per the Rules. Out of seven years sentence, the prisoner is in actual imprisonment for three years and nine months. Considering the facts and circumstances, we are inclined to consider the present writ petition and pass the following order:- (i) The impugned order passed by the second respondent dated
09.12.2024 is set aside.
(ii)The prisoner, namely, Perumal, S/o Annamalai, Convict No.2987 (PID No.338106), is granted 21 days ordinary leave without escort. (iii)The leave shall commence from 31.01.2025 10.30 A.M., and the prisoner shall surrender before the second respondent by 5.30 P.M., on 20.02.2025.
(iv)The prisoner shall appear before the S-12, Chitlapakkam Police Station, Chennai twice in a week i.e., on every Monday and Thursday at 11.00 A.M. during the period of leave.
The writ petition stands allowed on the above terms. No costs. Index : yes/no (S.M.S.,J.) (M.J.R.,J.) 27.01.2025 ss To
1. The Deputy Inspector General of Prisons Chennai Range, Prison Headquarters Whannels Road, Egmore Chennai 600 008
2. The Superintendent of Prisons Central Prison-1 Puzhal, Chennai 600 066
3. The Inspector of Police S-12, Chitlapakkam Police Station Chennai
4. The Public Prosecutor High Court, Madras
S.M.SUBRAMANIAM,J.
AND M.JOTHIRAMAN,J.
ss 27.01.2025