Kalaivani v. The State Represented By Its

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 Kalaivani W/o Durairaj (late) ..

Petitioner v.

The State represented by its

1. The Secretary to the Government of Tamil Nadu Department of Home Fort St.George Chennai 600 009

2. The Deputy Inspector General of Prison Vellore Range Vellore Central Prison Vellore 632 002

3. The Superintendent Cuddalore Central Prison Cuddalore 607 004 ..

Respondents Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order bearing No.18843/Tha.K2/2024 dated

13.12.2024 passed by the 3rd respondent and quash the same and consecutively direct the respondents to grant ordinary leave for 30 days without escort to the detenu Divakaran, S/o Durairaj, aged about 33 years, Convict No.16230 detained at Central Prison, Cuddalore. For Petitioner ::

Mr.L.Sarath Pandian for Dr.S.Manoharan For Respondents ::

Mr.R.Muniyapparaj Additional Public Prosecutor

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM,J.) The prisoner is in actual imprisonment for seven years and two months. His conduct inside the prison is found to be satisfactory. The leave application submitted by the prisoner was rejected on the ground that the appeal before the Supreme Court is pending. Pendency of appeal is not a ground to reject the leave application, since Rule 35 stipulates that pending trial is a bar for considering the leave application under the Tamil Nadu Suspension of Sentence Rules. Thus, there is no impediment for the authorities to grant leave during the pendency of an appeal before the appellate Court. The Probation Officer has not recommended the leave application on the ground that the reason stated that the mother of the

prisoner is sick, though correct, there are other relatives available to take care of the mother of the prisoner. Since the prisoner maintained good conduct inside the prison for seven years and two months, we are inclined to pass the following order:- (i) The impugned order passed by the third respondent dated 13.12.2024 is set aside.

(ii)The prisoner, namely, Divakaran, S/o Durairaj, Convict No.16230 (PID No.53939), 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 third respondent by 5.30 P.M., on 20.02.2025.

(iv)The prisoner shall appear before the T-3, Korattur 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 Secretary to Government of Tamil Nadu Department of Home Fort St.George Chennai 600 009

2. The Deputy Inspector General of Prison Vellore Range Vellore Central Prison Vellore 632 002

3. The Superintendent Cuddalore Central Prison Cuddalore 607 004

4. The Inspector of Police T-3, Korattur Police Station Chennai

5. The Public Prosecutor High Court, Madras

S.M.SUBRAMANIAM,J.

AND M.JOTHIRAMAN,J.

ss 27.01.2025