Radhama v. The Home Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.02.2025 CORAM :

THE HONOURABLE MR. JUSTICE M.S. RAMESH and THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR Radhama ... Petitioner Vs.

1.The Home Secretary Home Department (Prison) Secretariat, Fort St. George Chennai 600 009 2.The Deputy Inspector General of Prison Vellore Vellore District 3.The Superintendent of Prison Vellore Central Prison Vellore District ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the 3rd respondent to grant 21 days ordinary leave without escort, to the petitioner's husband Puttappa. S/o.Pethtatimmarayeppa (PID No.174935)

confined at Central Prison Vellore.

For Petitioner : Mr.P.M.Basil For Respondents : 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 for issuance of Writ of Mandamus, directing the 3rd respondent to grant 21 days ordinary leave without escort, to the petitioner's husband Puttappa. S/o.Chinnappa (PID No.174935) confined at Central Prison Vellore.

2. The learned counsel for the petitioner submitted that a representation dated 20.12.2024 was sent to the 3rd respondent seeking for a grant of 21 days ordinary leave to her husband for pressing family matters. The petitioner, who is the wife of the convict prisoner is suffering from serious ailments. The counsel further submitted that the presence of the convict prisoner is required for partitioning their ancestral

property and to finalise the division. The Probation Officer's report is also in favour of the petitioner.

3. Learned Additional Public Prosecutor has produced a report of the Probation Officer dated 22.01.2025, which is in favour of the life convict and the Probation Officer has stated that the convict prisoner is eligible for 28 days ordinary leave as per the Tamil Nadu Prison Manual Rule 22 (2) (c), as per TNS of sentence Rule, 1982.

4. This Writ Petition stands allowed accordingly. Consequently, there shall be a direction to the respondents herein, to grant 28 days ordinary leave "without escort" to the life convict namely Mr.Puttappa, S/o.Chinnappa, aged about 43 years, Life Convict No.3556, commencing from 20.02.2025 to 19.03.2025, with a condition that the life convict shall report before the jurisdictional Police i.e. Kelamangalam Police Station, Krishnagiri District, daily at 10.30 a.m. After expiry of the Ordinary Leave, the life convict shall surrender before the Jail Authority on 20.03.2025 before 10.00 a.m. The prisoner shall utilize the leave only for the purpose for which it has been granted and shall not indulge in any

other activities.

5. With the above direction, the Writ Petition stands allowed. No costs.

[M.S.R, J.] [N.S, J.] 06.02.2025 kas Note: Issue Order Copy on 18.02.2025 To 1.The Home Secretary Home Department (Prison) Secretariat, Fort St. George Chennai 600 009 2.The Deputy Inspector General of Prison Vellore Vellore District 3.The Superintendent of Prison Vellore Central Prison Vellore District 4.The Public Prosecutor High Court of Madras Chennai

M.S.RAMESH, J.

and N.SENTHILKUMAR, J.

kas 06.02.2025