Mrs.Kalaiselvi v. The Superintendent Of Prison

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 Mrs.Kalaiselvi W/o Chandrasekar ..

Petitioner v.

The Superintendent of Prison Central Prison at Puzhal-I Thiruvallur District 600 066 ..

Respondent 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 with an impugned order in No.469448/tha.ku.2/2024 dated 18.12.2024 and quash the same and direct the respondent to grant 21 days leave without escort to the son of petitioner, namely, Mr.Surendhar @ Bablu S/o. Chandrasekar (CT No.8682).

For Petitioner ::

Mr.M.Mohamed Saifulla For Respondent ::

Mr.R.Muniyapparaj Additional Public Prosecutor

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM,J.) W.M.P.No.706 of 2025 seeking to dispense with the production of the certified copy of impugned order, stands ordered.

2. While granting ordinary leave for 21 days to the prisoner, the prison authorities imposed escort. Thus the present writ petition came to be instituted.

3. The Probation Officer recommended for grant of ordinary leave. The conduct of the prisoner inside the prison is found to be satisfactory. He is eligible to avail ordinary leave for 21 days as per the Rules. Out of ten years sentence, the prisoner is in actual imprisonment for three years. Considering the facts and circumstances, we are inclined to consider the present writ petition and pass the following order:- (i) The impugned order passed by the respondent dated 18.12.2024 is set aside.

(ii)The prisoner, namely, Surendhar @ Bablu, S/o Chandrasekar,

Convict No.8682 (PID No.382873), is granted 21 days ordinary leave without escort.

(iii)The leave shall commence from 31.01.2025 10.30 A.M., and the prisoner shall surrender before the respondent by 5.30 P.M., on 20.02.2025.

(iv)The prisoner shall appear before the S-12, Chitlapakkam Police Station, Chennai 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 Superintendent Central Prison, Puzhal Chennai 600 066

2. The Inspector of Police S-12, Chitlapakkam Police Station Chennai

3. The Public Prosecutor High Court, Madras

S.M.SUBRAMANIAM,J.

AND M.JOTHIRAMAN,J.

ss 27.01.2025