C.Alamelu v. The Deputy Inspector General Of Prison
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.02.2025 CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR and W.M.P.No.2157 of 2025 C.Alamelu
...Petitioner/ mother of the detenue
Vs.
The State represented by its, 1.The Deputy Inspector General of Prison, Chennai Range, Prison Head Quarters, Whennels Road, Egmore, Chennai-600 008.
2.The Superintendent of Prison, Central Prison-1, Puzhal, Chennai-600 066.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, to call for the records No.326268/Tha Ku2/2024 dated 27.09.2024 passed by the second respondent and quash the same and consequently, direct the respondent to grant 28 days ordinary leave to the petitioner's son, Venkatesan, S/o.Chinnaraj, aged 36 years, Convict Prisoner No.1732, (PID 457593), confined at Central prison-1, Puzhal, Chennai-66.
For Petitioner : Mr.P.Pugalenthi For Respondent : 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 to call for the records No.326268/Tha Ku2/2024 dated 27.09.2024 passed by the second respondent and quash the same and consequently, direct the respondent to grant 28 days ordinary leave to the petitioner's son, Venkatesan, S/o.Chinnaraj, aged 36 years, Convict Prisoner No.1732, (PID 457593), confined at Central prison-1, Puzhal, Chennai-66.
2. Heard the learned counsel on either side and perused the documents.
3. The petitioner herein seeks for grant of 28 days of ordinary leave for her son, without escort, on the ground that the petitioner has
certain medical ailments and she requires the presence of her son for arranging funds for the treatment and for arranging funds to meet the educational expenses of the prisoner's children. Further, the detenue has undergone 8 years, 6 months and 19 days of imprisonment. 4.The learned Additional Public Prosecutor produced a copy of the Probation Officer's report dated 27.10.2024, in which, the Probation Officer has recommended for grant of leave as the reasons assigned by the petitioner is said to be true.
5. Considering the fact that the Probation Officer has recommended for grant of leave, we are inclined to grant leave for a period of 10 days in exercise of our powers under Article 226 of the Constitution of India. However, since the prisoner had absconded and was recaptured after 10 years while he was granted emergency leave earlier, the leave can be granted with minimum escort.
6. Accordingly, the detenue viz., Venkatesan, S/o.Chinnaraj, aged 36 years, Convict Prisoner No.1732, (PID 457593), confined at Central
prison-1, Puzhal, Chennai-66, is hereby granted leave for a period of 10 days, with minimum escort, commencing from 10.00 am on 21.02.2025 to 5 pm of 02.03.2025. On expiry of the ordinary leave, the detenu shall surrender before the prison authorities. The second respondent is directed to provide minimum escort of two police constables to the convict from the Central Prison from the time he leaves the prison and till such time he is taken back to the prison.
7. Accordingly, the Writ Petition stands allowed. No costs. Consequently, connected miscellaneous petition is closed. [M.S.R., J] [N.S., J] 07.02.2025 Index: Yes/No Speaking/Non-speaking order Internet: Yes/No Anu Note: Issue Order Copy on 20.02.2024 Upload the order copy forthwith
To 1.The Deputy Inspector General of Prison, Chennai Range, Prison Head Quarters, Whennels Road, Egmore, Chennai-600 008.
2.The Superintendent of Prison, Central Prison-1, Puzhal, Chennai-600 066.
3.The Public Prosecutor, High Court, Madras.
M.S.RAMESH, J.
and N.SENTHILKUMAR, J.
Anu and W.M.P.No.2157 of 2025 07.02.2025