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Madras High CourtWP/2977/2025allowed

S.Deepa v. The Superintendent Of Prisons

2025-01-31Honourable Mr Justice S.M. Subramaniam,Honourable Mr.Justice M.Jothiraman6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.01.2025 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN W.P.No.2977 of 2025 S.Deepa ... Petitioner Vs.

The Superintendent of Prisons, Central Prison-1, Puzhal, Chennai - 600 066.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondent to consider the representation of the petitioner's husband dated 13.11.2024 and to grant 6 days emergency leave to the petitioner's husband namely Suresh, Son of Raman, aged 38 years, CT. No.9113 (PID 436310) now confined in the Central Prison-1, Puzhal, Chennai-66. For Petitioner : Mr.P.Pugalenthi For Respondent : Mr.R.Muniyapparaj Additional Public Prosecutor

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The present writ petition has been filed to direct the respondent to consider the representation of the petitioner's husband dated 13.11.2024 and to grant 6 days emergency leave to the petitioner's husband namely Suresh, Son of Raman, aged 38 years, CT. No.9113 (PID 436310) now confined in the Central Prison-1, Puzhal, Chennai-66.

2. The Convict Prisoner is in actual imprisonment for about two years and six months. The Probation Officer, during the course of enquiry, found that the reason stated in the Leave Application is correct and the conduct of the Convict Prisoner inside the prison is found to be satisfactory.

3. Since the Convict Prisoner has already undergone 2 years and 6 months of imprisonment, we are inclined to grant Emergency Leave and permitted the Convict Prisoner to avail six (6) days Emergency Leave without escort on the following conditions;

(1)The respondent is directed to release the Convict Prisoner viz., Suresh, S/o.Raman, aged about 38 years bearing Convict No.9113 (PID 436310), confined at Central Prison-1, Puzhal, Chennai - 66 on Emergency Leave for a period of six (6) days without escort commencing from 05.02.2025 to 10.02.2025.

(2)The Convict Prisoner shall be released on 05.02.2025 at 10.00 A.M. and surrender before the Superintendent of Prisons, Women's Central Prison, Puzhal, Chennai, on 10.02.2025 at 05.00 P.M.

(3)The Convict Prisoner is directed to report before the D4, RK Pettai Police Station, Thiruvallur on 07.02.2025 at 11.00 A.M, during the period of leave.

(4) During the leave period, the Convict Prisoner shall abide by all the conditions prescribed in the Jail Manual.

(5)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.

4. With these conditions, the writ petition stands allowed. No costs. [S.M.S., J.] [M.J.R., J.] 31.01.2025 Index :

Yes/No Speaking Order :

Yes/No :

Yes/No kak

To 1.The Superintendent of Prisons, Central Prison-1, Puzhal, Chennai - 600 066.

2.The Additional Public Prosecutor, Madras High Court.

S.M.SUBRAMANIAM, J.

AND M.JOTHIRAMAN , J.

kak W.P.No.2977 of 2025 31.01.2025