Soniya v. The State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.01.2025 CORAM :
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE M.JOTHIRAMAN Mrs.Soniya W/o Selvamani ..
Petitioner v.
1. The State rep by its The Home Secretary (Prison Department) St.George Fort, Chennai-9
2. The Deputy Inspector General of Prison Office of Deputy Inspector General of Prison Vellore Range, Ramset Nagar, Thorapadi
3. The Superintendent of Prison Central Prison at Vellore Ramset Nagar, Thorapadi ..
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.E.307818/ta.ku.3/2024 dated 09.12.2024 passed by the 3rd respondent, quash the same and consequently
direct the respondents to grant 28 days leave without escort to the convict, namely, Mr.Selvamani, S/o Selvaraju (CT No.1176), aged about 40 years. 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.1862 of 2025 seeking to dispense with the production of the certified copy of the impugned order, stands ordered.
2. The leave application was rejected on the ground that the prisoner availed ordinary leave in February, 2024 and one year period has not expired. The learned counsel for petitioner would submit that the prisoner is eligible to avail emergency leave. The prisoner is in actual imprisonment for about six years. His conduct inside the prison is found to be satisfactory. Thus this Court is inclined to consider the present petition and pass the following order:- (i) The impugned order passed by the third respondent dated 09.12.2024
is set aside.
(ii)The prisoner, namely, Selvamani, S/o Selvaraj, Convict No.1176 is granted six days emergency leave without escort. (iii)The leave shall commence from 01.02.2025 10.30 A.M., and the prisoner shall surrender before the third respondent by 5.30 P.M., on 06.02.2025.
(iv)The prisoner shall appear before the Vaniyambadi Police Station, Thirupathur District on 03.02.2025 and 05.02.2025 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.) 28.01.2025 ss To
1. The Home Secretary (Prison Department) St.George Fort, Chennai-9
2. The Deputy Inspector General of Prison Office of Deputy Inspector General of Prison Vellore Range, Ramset Nagar, Thorapadi
3. The Superintendent of Prison Central Prison at Vellore Ramset Nagar, Thorapadi
4. The Inspector of Police Vaniyambadi Police Station Thirupathur District
5. The Public Prosecutor High Court, Madras
S.M.SUBRAMANIAM,J.
AND M.JOTHIRAMAN,J.
ss 28.01.2025