Karthik v. The Deputy Inspector General Of Prisons
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.03.2025 CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR and W.M.P.No.4169 of 2025 Karthik
...Petitioner/ the detenue
Vs.
1.The Deputy Inspector General of Prisons, Chennai Range, Prison Head Quarters, Whannels Road, Egmore, Chennai-600 008 2.The Superintendent of Prisons, Central Prison-I, Puzhal, Chennai-600 066.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, to call for the records connected with the impugned order vide reference No.548126/Tha.Ku.2/2024 dated 05.12.2024 passed by the second respondent and quash the same and directing the respondents to grant ordinary leave for 40 days, without escort to the detenue, Karthik, s/o.Jayabal, Hindu, aged about 34 years, Convict No.8815, confined at Central Prison-1, Puzhal, Chennai 600 066.
For Petitioner : Mr.N.Vishnuvardhan For Respondent : Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.M.Sylvester John
ORDER
M.S.RAMESH, J.
and N.SENTHILKUMAR, J.
This writ petition has been filed to call for the records connected with the impugned order vide reference No.548126/Tha.Ku.2/2024 dated 05.12.2024, passed by the second respondent and to quash the same and directing the respondents to grant ordinary leave for 40 days, without escort to the detenue, Karthik, S/o.Jayabal, Hindu, aged about 34 years, Convict No.8815, confined at Central Prison-1, Puzhal, Chennai 600 066.
2. Heard the learned counsel on either side and perused the documents.
3. The petitioner herein seeks for grant of 40 days of ordinary leave, without escort, on the ground that the mother of the petitioner is
suffering from severe Arthritis and the doctor has advised her to undergo surgery and he requires to be with his mother for arranging funds for the surgery and to take care of her.
4.The learned Additional Public Prosecutor produced a copy of the Probation Officer's report dated 11.12.2024, in which, the Probation Officer has recommended for grant of leave since the reasons assigned by the petitioner, in his representation, is said to be true.
5. Considering the fact that the Probation Officer has recommended for grant of leave, we are inclined to grant leave for a period of 10 days in exercise of our powers under Article 226 of the Constitution of India.
6. Accordingly, the impugned order vide reference No.548126/Tha.Ku.2/2024 dated 05.12.2024, passed by the second respondent is quashed and the detenue viz., Karthik, S/o.Jayabal, Hindu, aged about 34 years, Convict No.8815, confined at Central Prison, Puzhal-I, Chennai, is hereby granted leave for a period of 10 days, without escort, commencing from 10.00 am on 12.03.2025 to 5 pm of 21.03.2025. On expiry of the ordinary leave, the detenu shall surrender
before the prison authorities. During the period of leave, the prisoner shall report before the Inspector of Police, P2 Otteri Police Station, Chennai, daily at 05.00 p.m. The Convict Prisoner shall utilize the leave only for the ground on which it has been granted and shall not indulge in any other activities
7. Accordingly, the Writ Petition stands allowed. No costs. Consequently, connected miscellaneous petition is closed. [M.S.R., J] [N.S., J] 05.03.2025 Index: Yes/No Speaking/Non-speaking order Internet: Yes/No Anu Note: Issue Order Copy on 11.03.2025 Upload the order copy forthwith To 1.The Deputy Inspector General of Prisons, Chennai Range, Prison Head Quarters, Whannels Road, Egmore, Chennai-600 008
2.The Superintendent of Prisons, Central Prison-I, Puzhal, Chennai-600 066.
3.The Inspector of Police, P2 Otteri Police Station, Chennai 4.The Public Prosecutor, High Court, Madras.
M.S.RAMESH, J.
and N.SENTHILKUMAR, J.
Anu and W.M.P.No.4169 of 2025 05.03.2025