Anjali v. The Deputy Inspector General Of Prisons
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.01.2025 CORAM :
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE M.JOTHIRAMAN Anjali W/o Subramani ..
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.450245/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's husband, namely, Subramani, S/o Nagalingam, aged about 37 years, Convict Prisoner, Convict No.8327, 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.1604 of 2025 seeking to dispense with the production of the original certified copy of the impugned order, stands ordered.
2. The second respondent granted 21 days ordinary leave to the prisoner with escort in proceeding dated 09.12.2024, which is under challenge on the ground that the prisoner availed ordinary leave without escort on earlier occasion.
3. On verification, it is found that the prisoner was granted ordinary leave without escort on earlier occasion. The prisoner is in actual imprisonment for 4 years and 5 months. His conduct inside the prison is found to be satisfactory. The Probation Officer recommended the case of the prisoner for grant of ordinary leave. Thus 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, Subramani, S/o Nagalingam, Convict No.8327 (PID No.314081), is granted 21 days ordinary leave without escort. (iii)The leave shall commence from 01.02.2025 10.30 A.M., and the prisoner shall surrender before the second respondent by 5.30 P.M., on 21.02.2025.
(iv)The prisoner shall appear before the K-1, Sembium 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.) 28.01.2025 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 K-1, Sembium Police Station Chennai
4. The Public Prosecutor High Court, Madras
S.M.SUBRAMANIAM,J.
AND M.JOTHIRAMAN,J.
ss 28.01.2025