Surya v. The State Represented 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 Mr.Surya S/o Selvakumar ..

Petitioner v.

1. The State represented by its The Deputy Inspector General of Prisons Trichy Range, Trichy 620 020

2. The Superintendent of Prison Central Prison at Trichy Trichy 620 020 ..

Respondents 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.RO.TRY/460/mu.u/2024 dated 04.10.2024 passed by the 1st respondent and quash the same and direct the respondents to grant leave for a period of 20 days leave without escort to the father of the petitioner/convict, namely, Mr.Selvakumar @ Murugesan, S/o Chinnannan (CT No.14559).

For Petitioner ::

Mr.M.Mohamed Saifulla

For Respondents ::

Mr.R.Muniyapparaj Additional Public Prosecutor

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM,J.) W.M.P.No.1003 of 2025 seeking to dispense with the production of the certified copy of the impugned order, stands ordered.

2. The prisoner is in actual imprisonment for 21 years and 3 months. Though the prisoner was granted ordinary leave on earlier occasion, he was permitted to avail the leave with escort. The learned counsel for petitioner would submit that in respect of co-convicts, ordinary leave was granted without escort. The prisoner has maintained good conduct inside the prison for about 21 years, which is not disputed by the learned Additional Public Prosecutor. Thus we are inclined to consider the present writ petition and pass the following order:- (i) The impugned order passed by the first respondent dated 04.10.2024 is set aside.

(ii)The prisoner, namely, Selvakumar @ Murugesan, S/o Chinnannan, Convict No.14559 (PID No.3185), 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 second respondent by 5.30 P.M., on 20.02.2025.

(iv)The prisoner shall appear before the Edapadi Police Station, Salem 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 Deputy Inspector General of Prisons Trichy Range, Trichy 620 020

2. The Superintendent of Prison Central Prison at Trichy Trichy 620 020

3. The Inspector of Police Edapadi Police Station Salem District

4. The Public Prosecutor High Court, Madras

S.M.SUBRAMANIAM,J.

AND M.JOTHIRAMAN,J.

ss 27.01.2025