V.Rajeswari v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.03.2025 CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE N. SENTHILKUMAR and W.M.P.No.7153 of 2025 V.Rajeswari ... Petitioner Vs.
1.The Secretary to Government, Home Department, Secretariat, Fort St.George, Chennai - 600 009.
2.The Superintendent of Prisons, Vellore Central Prison, Vellore, Tamil Nadu - 632 002.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, calling for the records relating to the impugned order made in latter vide No.E595714.Tha.Ku.3/2024 dated 27.12.2024, by the 2nd respondent and quash the same, consequently direct the respondents to grant parole leave for a period of 15 days to petitioner's son confined at Vellore Central Prison.
For Petitioner : Ms.S.Sujatha For Respondents : Mr.R.Muniyapparaj, Additional Public Prosecutor assisted by Mr.M.Sylvester John
ORDER
(Order of the Court was made by M.S.RAMESH, J.) This Writ Petition has been filed challenging the impugned order dated 27.12.2024, rejecting the representation of the petitioner dated 13.12.2024.
2. The reason assigned in the impugned order for rejecting the petitioner's request for grant of ordinary leave to her son/life convict is that since the life convict's appeal is pending before this Court, he is not eligible for grant of leave.
3. The learned counsel for the petitioner submitted that the petitioner requires the presence of her son to arrange funds for her medical treatment, as well as to take care of her and hence, she has sought for leave for her
son/life convict.
4. The learned Additional Public Prosecutor has produced the particulars of the life convict dated 14.03.2025, as well as the report of the Probation Officer dated 28.02.2025. The Probation Officer in his report has stated that the reasons assigned by the petitioner in her representation are true and hence, he has recommended to grant leave to her son/life convict.
5. By taking into consideration the report of the Probation Officer, recommending to grant leave to the petitioner's son/life convict, as well as the reasons stated in the affidavit in support of this petition, we are inclined to grant 6 days of emergency leave to the petitioner's son/life convict.
6. Accordingly, the impugned order dated 27.12.2024 passed in No.E595714.Tha.Ku.3/2024 by the second respondent, is hereby quashed. Consequently there shall be a direction to the respondents herein, to grant 6 days emergency leave "without escort" to the petitioner's son/life convict namely Raghul, aged about 25 years, S/o.Vadivel, Convict No.4434, PID No.240016, confined at Central Prison, Vellore, commencing from
26.03.2025 to 31.03.2025, with a condition that the life convict shall report before the jurisdictional Police i.e. Jolarpet Police Station, Tirupathur, daily at 10.30 A.M. After expiry of the Emergency Leave, the life convict shall surrender before the Jail Authority on 01.04.2025 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.
7. With the above direction, the Writ Petition stands allowed. No costs. Connected miscellaneous petition is closed. [M.S.R, J.] [N.S, J.] 17.03.2025 Index: Yes/No Speaking order/Non-speaking order Sni Note: Issue Order Copy on 25.03.2025.
To 1.The Secretary to Government, Home Department, Secretariat, Fort St.George, Chennai - 600 009.
2.The Superintendent of Prisons, Vellore Central Prison, Vellore, Tamil Nadu - 632 002.
3.The Inspector of Police, Jolarpet Police Station, Tirupathur.
4.The Public Prosecutor, High Court, Madras.
M.S.RAMESH, J.
and N. SENTHILKUMAR, J.
Sni 17.03.2025