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Madras High CourtWP/1911/2024allowed

Muthulaklshmi v. The Deputy Inspector General Of Prisons

2024-02-07Honourable Mr Justice M.S. Ramesh,Honourable Mr Justice Sunder Mohan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.02.2024 CORAM :

THE HON'BLE MR. JUSTICE M.S.RAMESH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN Muthulakshmi

...Petitioner/ wife of the detenu

vs.

1. The Deputy Inspector General of Prisons, Chennai Range, Prison and Correctional Service, Prison Head Quarters, Egmore, Chennai-600 008.

2.The Superintendent of Prisons, Central Prison-1, Puzhal, Chennai-600066.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents to grant 21 days ordinary leave by considering the representation, dated 27.11.2023 to the petitioner's husband namely, Sundaramoorthy, S/o.Velayudhaudayar, aged 48 years, convict prisoner, detained in Central Prison-1, Puzhal, Chennai-66.

For Petitioner :

Ms.S.Nadhiya For Respondents :

Mr.E.Raj Thilak Additional Public Prosecutor assisted by C.Aravind

ORDER

(Order of the Court was made by M.S.RAMESH,J.) The prayer in the present writ petition is for grant of ordinary leave for 21 days for the petitioner's husband viz., Sundaramoorthy, S/o.Velayudhaudayar, aged 48 years, convict prisoner, detained in Central Prison-1, Puzhal, Chennai-66

2. The learned Additional Public Prosecutor produced the Probation Officer's report dated 31.01.2024, which detailed the good conduct of the convict.

3. Heard the learned counsel on either side and perused the materials available on record.

4. In view of the positive report of the Probation Officer, dated 31.01.2024, and also by taking note of the fact that the Convict Prisoner is eligible for grant of ordinary leave for 21 days, we are inclined to allow the writ petition.

5. Therefore, in exercise of our powers, we permit the petitioner's husband / prisoner i.e., Sundaramoorthy, S/o.Velayudhaudayar, aged 48 years, convict prisoner, detained in Central Prison-1, Puzhal, Chennai-66, to avail ordinary leave for a period of 21 days without escort, on the following conditions.

(i) Respondents are directed to release the Convict Prisoner viz., Sundaramoorthy, S/o.Velayudhaudayar, aged 48 years, convict prisoner, detained in Central Prison-1, Puzhal, Chennai-66, on Ordinary Leave for a period of 21 days i.e., from 10.02.2024 to 01.03.2024.

(ii) The Convict Prisoner shall be released on 10.02.2024 at 10.00 am and surrender before the Superintendent of Prison, Central Prison-1, Puzhal, Chennai-

600066, on 01.03.2024 at 05.30 p.m.

(iii) The Convict Prisoner is directed to report before the Alangudi Police Station, Thiruvarur District, once a week i.e., on every Monday at 05.00 pm, during the period of leave.

(iv) The Convict Prisoner shall utilize the leave only for the ground on which it has been granted and shall not indulge in any other activities.

6. The writ petition stands allowed. No costs. (M.S.R.,J.) (S.M.,J.) 07.02.2024 Note to Registry:

1.Issue order copy by 09.02.2024.

2.Upload the order copy forthwith.

Anu

Copy to:

1.The Deputy Inspector General of Prisons, Chennai Range, Prison and Correctional Service, Prison Head Quarters, Egmore, Chennai-600 008.

2.The Superintendent of Prisons, Central Prison-1, Puzhal, Chennai-600066.

3.The Inspector of Police, Alangudi Police Station, Thiruvarur District.

4. The Additional Public Prosecutor, High Court, Madras.

M.S.RAMESH,J.

AND SUNDER MOHAN,J.

Anu 07.02.2024