Saraswathy v. The State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.01.2025 CORAM :

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE M.JOTHIRAMAN Saraswathy W/o Ramalingam ..

Petitioner v.

The State represented by its

1. The Secretary to Government of Tamil Nadu Home Department (Prison Branch-IV) Fort St.George Chennai 600 009

2. The Deputy Inspector General of Prison Chennai Range Chennai Egmore Chennai 600 008

3. The Superintendent Puzhal Women's Prison Puzhal, Chennai 600 066 ..

Respondents Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents to grant

ordinary leave for 30 days without escort to the detenu, Vanitha, D/o Ramalingam, aged about 36 years, Convict No.20156, detained at Women's Prison, Puzhal.

For Petitioner ::

Dr.S.Manoharan For Respondents ::

Mr.R.Muniyapparaj Additional Public Prosecutor

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM,J.) The representation made by the petitioner seeking to grant ordinary leave to the prisoner has not been considered by the prison authorities. Thus the present writ petition came to be instituted.

2. The prisoner is in actual imprisonment for 9 years and 25 days. The Probation Officer recommended the case of the prisoner for grant of ordinary leave. The learned Additional Public Prosecutor would submit that the conduct of the prisoner inside the prison is found to be satisfactory. Considering the facts and circumstances, we are inclined to pass the following order:- (i) The prisoner, namely, Vanitha, D/o Ramalingam, Convict No.829

(PID No.20156), is granted 21 days ordinary leave without escort. (ii)The leave shall commence from 31.01.2025 10.30 A.M., and the prisoner shall surrender before the third respondent by 5.30 P.M., on 20.02.2025.

(iii)The prisoner shall appear before the Killai Police Station, Cuddalore District twice in a week i.e., on every Monday and Thursday 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.) 27.01.2025 ss To

1. The Secretary to Government of Tamil Nadu Home Department (Prison Branch-IV) Fort St.George Chennai 600 009

2. The Deputy Inspector General of Prison Chennai Range Chennai Egmore Chennai 600 008

3. The Superintendent Puzhal Women's Prison Puzhal, Chennai 600 066

4. The Inspector of Police Killai Police Station Cuddalore District

5. The Public Prosecutor High Court, Madras

S.M.SUBRAMANIAM,J.

AND M.JOTHIRAMAN,J.

ss 27.01.2025