Rekha v. The State Rep By Its
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 Rekha W/o Anand Babu ..
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 Chennai Range, Egmore Chennai 600 008
3. The Superintendent Central Prison I, Puzhal Chennai 600 066 ..
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.404586/Tha.Ku.2/2024 dated 20.12.2024 passed by the 3rd respondent and quash the same and
consecutively direct the respondents to grant ordinary leave for 21 days without escort to Anand Babu, S/o Mariya Selvam, aged about 39 years, Convict No.8136, detained at Central Prison, Puzhal, Chennai. For Petitioner ::
Ms.K.Akshaya For Respondents ::
Mr.R.Muniyapparaj Additional Public Prosecutor
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM,J.) The prison authorities granted ordinary leave for 21 days to the prisoner with escort. The learned counsel for petitioner would submit that the prisoner was granted emergency leave without escort on earlier occasion. He promptly surrendered himself before the prison authorities. The family of the prisoner is not in a position to meet out the escort expenses. Therefore the petition is to be considered.
2. The learned Additional Public Prosecutor would submit that the prisoner, though has undergone actual imprisonment for 5 years, 2 months and 11 days, the authorities considered various other factors and granted leave with escort.
3.This Court is of the considered opinion that the prisoner availed emergency leave on earlier occasion and returned back on expiry of leave. His conduct inside the prison is also found to be satisfactory. That being the factum, this Court is inclined to pass the following order:- (i) The impugned order passed by the second respondent dated 20.12.2024 is set aside.
(ii)The prisoner, namely, Anand Babu, S/o Mariya Selvam, Convict No.8136 (PID 63935) is granted 21 days ordinary leave without escort.
(iii)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.
(iv)The prisoner shall appear before the H-1, Washermanpet Police Station, Chennai 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 Secretary to the Government of Tamil Nadu Department of Home Fort St.George Chennai 600 009
2. The Deputy Inspector General of Prison Chennai Range, Egmore Chennai 600 008
3. The Superintendent Central Prison I, Puzhal Chennai 600 066
4. The Inspector of Police H-1, Washermanpet Police Station Chennai
5. The Public Prosecutor High Court, Madras
S.M.SUBRAMANIAM,J.
AND M.JOTHIRAMAN,J.
ss 29.01.2025