Lakshmi 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.341 of 2025 Lakshmi ... Petitioner Vs.
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 632 001 3.The Superintendent Central Prison Vellore Vellore 632 001 ... 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 records pertaining to the impugned order bearing No.28189/ta.ku3/2024 dated 23.11.2024 passed by the 3rd respondent and quash the same and
consecutively direct the 2nd respondent to grant ordinary leave for 28 days without escort to the detenu, Muniraj, S/o.Krishnan, aged about 47 years, Convict No.9780, detained at Central Prison, Salem. For Petitioner : Mr.M.Ezhilarasu 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 records pertaining to the impugned order bearing No.28189/ta.ku3/2024 dated 23.11.2024 passed by the 3rd respondent and quash the same and consecutively direct the 2nd respondent to grant ordinary leave for 28 days without escort to the detenu, Muniraj, S/o.Krishnan, aged about 47 years, Convict No.9780, detained at Central Prison, Salem.
2. The learned counsel for the petitioner submitted that a representation dated 15.10.2024 was sent to the respondents seeking for a
grant of 28 days ordinary leave to her son on the ground that the petitioner, who is the mother of the convict prisoner is suffering from many diseases due to her old age, poor eye sight, high blood pressure and kidney problems. The presence of the petitioner is required to make financial arrangement for her medical expenses. The same was rejected by the respondents on the ground that the reasons provided in the representation are not true based on the report of the Probation Officer.
3. Learned Additional Public Prosecutor has produced a report of the Probation Officer dated 20.11.2024, which is not in favour of the life convict and the Probation Officer has stated that the reason for which the petitioner seeks for a grant of ordinary leave for her son is not genuine. The convict's mother is hale and healthy.
4. Even though the Probation Officer in his report has stated that the reasons assigned by the petitioner are not genuine, we are inclined to grant 2 days leave to the convict prisoner to visit his mother with escort.
5. This Writ Petition stands allowed accordingly. The impugned order bearing No.28189/ta.ku3/2024 dated 23.11.2024 passed by the 3rd
respondent is hereby quashed. Consequently, there shall be a direction to the respondents herein, to grant 2 days ordinary leave "with escort" to the life convict namely Mr.Muniraj, S/o.Krishnan, aged about 40 years, Life Convict No.9780, commencing from 20.02.2025 to 21.02.2025, with a condition that the life convict shall report before the jurisdictional Police i.e. Attur Town Police Station, daily at 10.30 a.m. After expiry of the Ordinary Leave, the life convict shall surrender before the Jail Authority on 22.02.2025 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.
6. 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 kas Note: Issue Order Copy on 18.02.2025
To 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 632 001 3.The Superintendent Central Prison Vellore Vellore 632 001 4.The Public Prosecutor High Court of Madras Chennai
M.S.RAMESH, J.
and N.SENTHILKUMAR, J.
kas and W.M.P.No.341 of 2025 06.02.2025