Indra v. The Director General Of Prison
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.01.2025 CORAM :
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE M.JOTHIRAMAN Indra W/o Pulavendran ..
Petitioner v.
1. The Director General of Prison O/o of Director General of Prison Whannels Road, Egmore Chennai District 600 008
2. The Deputy Inspector General of Prison O/o of Director General of Prison Whannels Road, Egmore Chennai 600 008
3. The Superintendent of Prison Central Prison, Cuddalore Cuddalore District ..
Respondents Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents to grant 21 days ordinary leave without escort to petitioner's son Convict Prisoner Mr.Prakash, S/o Pulavendran, now confined in Central Prison, Cuddalore
for the purpose of 'for repairing the shed' in pursuant to the proceedings No.18845/Tha.Ku2 dated 13.12.2024.
For Petitioner ::
Mr.P.Muthamizh Selvakumar For Respondents ::
Mr.R.Muniyapparaj Additional Public Prosecutor
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM,J.) The writ of mandamus has been instituted to direct the respondents to grant 21 days ordinary leave without escort to the prisoner. The prisoner is in actual imprisonment for 4 years, 1 month and 7 days. Though the Probation Officer has not recommended the case of the prisoner citing objections from the victim's family, this Court is of the considered opinion that the prisoner is eligible to avail the ordinary leave under the Suspension of Sentence Rules. Thus this Court is inclined to consider the present petition and pass the following order:- (i) The prisoner, namely, Prakash, S/o Pulavendran, Convict No.16928 (PID No.310456) is granted 21 days ordinary leave without escort. (ii)The leave shall commence from 03.02.2025 10.30 A.M., and the prisoner shall surrender before the third respondent by 5.30 P.M., on
23.02.2025.
(iii)The prisoner shall appear before the Kattumannarkoil Police Station, Cuddalore District daily 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.) 29.01.2025 ss To
1. The Director General of Prison O/o of Director General of Prison Whannels Road, Egmore Chennai District 600 008
2. The Deputy Inspector General of Prison O/o of Director General of Prison Whannels Road, Egmore Chennai 600 008
3. The Superintendent of Prison Central Prison, Cuddalore Cuddalore District
4. The Inspector of Police Kattumannarkoil Police Station Cuddalore District
5. The Public Prosecutor High Court, Madras
S.M.SUBRAMANIAM,J.
AND M.JOTHIRAMAN,J.
ss 29.01.2025