Madras High CourtWP/826/2025allowed

Srinath v. The State Represented By Its,

2025-01-27Honourable Mr Justice S.M. Subramaniam,Honourable Mr.Justice M.Jothiraman4 pages

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 Mr.Srinath S/o Srinivasan ..

Petitioner v.

The State represented by its The Superintendent of Prison Central Prison at Puzhal-I Chennai 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.533455/tha.ku.2/2024 dated 04.12.2024 passed by the respondent and quash the same and consequently direct the respondent to grant 21 days ordinary leave without escort to the petitioner/convict, namely, Mr.Srinath S/o Srinivasan (CT No.10493), who is confined at respondent Prison.

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.1007 of 2025 seeking to dispense with the production of certified copy of the impugned order stands ordered.

2. Since the prisoner is not eligible to avail the ordinary leave under the Rules, the authorities declined to consider the leave application. The prisoner is in actual imprisonment for one year and four months. However, the Probation Officer in his report found that the reason stated in the leave application is correct. Considering the mitigating circumstances, this Court is inclined to pass the following order:- (i) The impugned order passed by the respondent dated 04.12.2024 is set aside.

(ii)The prisoner, namely, Srinath, S/o Srinivasan, Convict No.10493 (PID No.450924), is granted six days emergency 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 05.02.2025.

(iv)The prisoner shall appear before the K-9, Thiru Vi Ka Nagar Police Station, Chennai on 02.02.2025 and 04.02.2025 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 of Prison Central Prison at Puzhal-I Chennai 600 066

2. The Inspector of Police K-9, Thiru Vi Ka Nagar Police Station Chennai

3. The Public Prosecutor High Court, Madras

S.M.SUBRAMANIAM,J.

AND M.JOTHIRAMAN,J.

ss 27.01.2025