Jeyalakshmi v. The State Rep. By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.03.2025 CORAM :

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

1.The State represented by its The Deputy Inspector General of Prison Gandhi Irwin Road, Egmore Chennai 600 008 2.The Superintendent Puzhal Central Prison - I Puzhal 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 connected with impugned order dated 30.12.2024 in proceedings No.610575/Thaku2/2024 passed by the second respondent and quash the same and directing the respondents to grant ordinary leave for 40 days without escort to the detenu viz. Ramesh, S/o.Manickam, aged about 44 years bearing Convict No.9597 (PID 56322) confined at Central Prison-1, Puzhal.

For Petitioner : Ms.Sadhana 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 Certiorarified Mandamus, to call for the records connected with impugned order dated 30.12.2024 in proceedings No.610575/Thaku2/2024 passed by the second respondent and quash the same and directing the respondents to grant ordinary leave for 40 days without escort to the detenu viz. Ramesh, S/o.Manickam, aged about 44 years bearing Convict No.9597 (PID 56322) confined at Central Prison-1, Puzhal.

2. The learned counsel for the petitioner submitted that the petitioner is the wife of the life convict, a representation was sent to the respondents by the prisoner seeking 40 days ordinary leave to arrange money for the studies of his children and his wife is also not doing well. Hence, a representation dated 20.12.2024 was sent to the prison

authorities and the same was rejected. Hence, the present petition.

3. Learned Additional Public Prosecutor submitted that the petitioner's representation was rejected by the respondents vide impugned proceedings No.610575/Thaku2/2024 passed by the second respondent dated 30.12.2024 as per Rule 22(1)(c) of Tamilnadu Suspension of Sentence Rules 1982 as amended in G.O.Ms.No.205, Home (Prison -V) Department dated 25.04.2022, the prisoners who are sentenced to imprisonment for life should complete 03 years imprisonment from the date of conviction to be eligible for ordinary leave. Since the above mentioned prisoner has not completed three years, he is not eligible for ordinary leave at his point of time. The probation officer has stated that the prisoner so far has not availed any leave and his wife has also stated that the prisoner did not want avail any leave.

4. Since the report of the Probation Officer states that the prisoner has not availed any leave so far, this Court is inclined to direct the respondents to grant 7 days ordinary leave to the convict prisoner.

Accordingly, the impugned order dated 30.12.2024 in proceedings No.610575/Thaku2/2024 passed by the second respondent is hereby quashed.

5. This Writ Petition stands allowed. There shall be a direction to the respondents herein, to grant 7 days ordinary leave "without escort" to the life convict viz. Ramesh, S/o.Manickam, CT No. 9597 (PID 56322) commencing from 11.03.2025 to 18.03.2025, with a condition that the life convict shall report before the J4, Kotturpuram Police Station, daily at 10.30 a.m. After expiry of the Ordinary Leave, the life convict shall surrender before the Jail Authorities on 19.03.2025 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.

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

[M.S.R, J.] [N.S, J.] 03.03.2025 kas Note: Issue Order Copy on 07.03.2025

To.

1.The Deputy Inspector General of Prison Gandhi Irwin Road, Egmore Chennai 600 008 2.The Superintendent Puzhal Central Prison - I Puzhal 600 066 3.The Public Prosecutor High Court of Madras Chennai

M.S.RAMESH, J.

and N.SENTHILKUMAR, J.

kas 03.03.2025