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Madras High CourtWP/374/2025allowed

Rajeshwari v. The State Represented By Its

2025-01-08Honourable Mr Justice S.M. Subramaniam,Honourable Mr.Justice M.Jothiraman5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.01.2025

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN Rajeshwari ... Petitioner Vs.

The State represented by its 1.The Secretary to Government, Department of Home, Fort St. George, Chennai - 600 009.

2.The Deputy Inspector General of Prison, Coimbatore Range, Coimbatore Central Prison, Coimbatore - 641 018.

3.The Superintendent, Central Prison, Salem, Salem - 636 007.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus directing the respondents to grant emergency leave for 15 days without escort to the detenu Govindhan, S/o.Gopal, aged about 47 years, bearing P.I.D. No.412646, confined at Central Prison, Salem.

For Petitioner : Mr.M.Ezhilarasu 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 emergency leave to the prisoner Govindhan, S/o.Gopal, aged about 47 years, bearing P.I.D. No.412646.

2. The Probation Officer in his report dated 07.01.2025 has stated that the reasons stated in the leave application are correct. The mother of the prisoner died on 01.01.2025 and the ceremony is scheduled to be held on 09.01.2025. The Probation Officer conducted enquiry and found that the reasons are genuine and therefore, we are inclined to consider the present writ petition.

3. Accordingly, the prisoner - Govindhan, S/o.Gopal, aged about 47 years, bearing P.I.D. No.412646, is granted six days emergency leave commencing from 09.01.2025 at 06.00 a.m. till 14.01.2025 at 05.30 p.m. The prisoner shall report before the Pennagaram Police Station, Dharmapuri District at 10.30 a.m. on 11.01.2025. The prisoner shall surrender before the jail authority on expiry of emergency leave.

4. The writ petition is allowed. No costs. Registry is directed to communicate a copy of this order to the Central Prison, Salem, through email immediately.

[S.M.S., J.] [M.J.R., J.] Index: Yes/No 08.01.2025 mmi Note : Issue Today To 1.The Secretary to Government, Department of Home, Fort St. George, Chennai - 600 009.

2.The Deputy Inspector General of Prison, Coimbatore Range, Coimbatore Central Prison, Coimbatore - 641 018.

3.The Superintendent, Central Prison, Salem, Salem - 636 007.

4.The Inspector of Police, Pennagaram Police Station, Dharmapuri District.

5. The Public Prosecutor High Court of Madras.

S.M.SUBRAMANIAM, J.

AND M.JOTHIRAMAN, J.

mmi 08.01.2025