Rajalakshmi v. The State Represented By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.02.2025 CORAM :
THE HONOURABLE MR. JUSTICE M.S.RAMESH and THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR and W.M.P.No.2559 of 2025 Rajalakshmi ... Petitioner Vs.
The State represented by its 1.The Secretary to Government of Tamilnadu Home Department (Prison Branch IV) Fort St. George Chennai 600 009 2.The Deputy Inspector General of Prison Coimbatore Range 3.The Superintendent ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, to call for
the records pertaining to the impugned order bearing No.22129/ Tha.Ku.3/2024, dated 09.12.2024 passed by the 3rd respondent and quash the same and consequently direct the respondents to grant ordinary leave for 28 days without escort to the detenu Illaya Raja, S/o.Selvaraj, aged about 26 years, PID No.43968 confined at Central Prison, Coimbatore. For Petitioner : Mr.S.Manoharan For Respondents : Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.M.Sylvester John
ORDER
M.S.RAMESH, J.
AND N.SENTHILKUMAR , J.
This Writ Petition has been filed for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order bearing No.22129/Tha.Ku.3/2024, dated 09.12.2024 passed by the 3rd respondent and quash the same and consequently direct the respondents to grant ordinary leave for 28 days without escort to the detenu Illaya Raja, S/o.Selvaraj, aged about 26 years, PID No.43968 confined at Central Prison, Coimbatore.
2. The Deputy Inspector General of Prisons vide order dated 28.11.2024 had granted 28 days of ordinary leave with escort to the convict prisoner. The petitioner herein, who is the mother of the convict, is aggrieved against the escort bail granted to her son. The Probation Officer's report would indicate that the victim's family is residing elsewhere and also affirms that the convict's mother has medical ailment. In these circumstances, we are of the view that the condition, imposed with escort for the leave granted can be modified by directing the convict prisoner to report daily before the Devala Police Station, Nilgiris District.
4. This Writ Petition stands allowed accordingly. The impugned order bearing No.22129/ Tha.Ku.3/2024, dated 09.12.2024 passed by the 3rd respondent is hereby quashed. Consequently, there shall be a direction to the respondents herein, to grant 28 days ordinary leave "without escort" to the life convict namely Mr.Illayaraja, S/o.Selvaraj, aged about 26 years, P.I.D No.43968, commencing from 20.02.2025 to 19.03.2025, with a condition that the life convict shall report before the jurisdictional Police i.e. the Devala Police Station, Nilgiris District, daily at 10.30 a.m. After expiry of the Ordinary Leave, the life convict shall
surrender before the Jail Authority on 20.03.2025 before 10.00 a.m. The prisoner shall utilize the leave only for the purpose for which it has been granted and shall not indulge in any other activities.
5. With the above direction, the Writ Petition stands allowed. No costs. Consequently, the connected miscellaneous petition is closed. [M.S.R, J.] [N.S, J.] 06.02.2025 Index : Yes / No kas Note: Issue Order Copy on 18.02.2025 To 1.The Secretary to Government of Tamilnadu Home Department (Prison Branch IV) Fort St. George Chennai 600 009 2.The Deputy Inspector General of Prison Coimbatore Range 3.The Superintendent
4.The Public Prosecutor High Court of Madras Chennai
M.S.RAMESH, J.
and N.SENTHILKUMAR, J.
kas and W.M.P.No.2559 of 2025 06.02.2025