Arokia Mary v. The State Rep. By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.02.2025 CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE N. SENTHILKUMAR Arokia Mary ... Petitioner Vs.
The State rep. by 1.The Secretary to Government of Tamil Nadu, Department of Home, Fort St.George, Chennai - 600 009.
2.The Director Inspector General of Prison, Coimbatore Range, Central Prison, Coimbatore - 600 008.
3.The Superintendent, Central Prison, Coimbatore - 600 008.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the respondents to grant ordinary leave for 30 days without escort to the detenu, Antony Vinoth,
S/o.Joseph Thomas, aged about 42 years, Convict No.23002, detained at Central Prison, Coimbatore.
For Petitioner : Dr.S.S.Manoharan For Respondents : Mr.R.Muniyapparaj, Additional Public Prosecutor assisted by Mr.M.Sylvester John
ORDER
(Order of the Court was made by M.S.RAMESH, J.) The petitioner herein is the mother of the convict prisoner. On the ground that the petitioner needs her son's presence for assisting in her medical treatment, as well as for the convict prisoner's own medical treatment, she had given a representation dated 13.12.2024. Since the same has not been considered till date, the present Writ Petition has been filed by the petitioner seeking 30 days ordinary leave for her son/convict prisoner.
2. The learned counsel for the petitioner would submit that the convict prisoner has not availed any leave from the date of his conviction i.e. 27.01.2021.
3. The learned Additional Public Prosecutor has produced the particulars of the convict prisoner, as well as the report of the Probation Officer dated 30.12.2024. The Probation Officer, upon investigation, has stated that the reason stated by the petitioner in her representation is true and therefore, he has recommended to grant leave to the convict prisoner.
4. Considering the reasons stated by the petitioner for seeking leave for her son/convict prisoner, as well as the report of the Probation Officer, recommending to grant leave, we are inclined to consider the prayer sought for in this Writ Petition.
5. Accordingly, the respondents herein, are directed to grant 21 days ordinary leave "without escort" to the petitioner's son/convict prisoner namely Antony Vinoth, S/o.Joseph Thomas, aged about 42 years, Convict No.23002, detained at Central Prison, Coimbatore, commencing from 25.02.2025 to 17.03.2025, with a condition that the petitioner's son/convict prisoner shall report before the jurisdictional Police i.e. Wellington Police Station, Ooty, daily at 10.30 A.M. After expiry of the ordinary leave, the convict prisoner shall surrender before the Jail Authority on 17.03.2025
before 05.30 P.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.] 14.02.2025 Index: Yes/No Speaking order/Non-speaking order Sni Note: Issue Order Copy on 24.02.2025.
To 1.The Secretary to Government of Tamil Nadu, Department of Home, Fort St.George, Chennai - 600 009.
2.The Director Inspector General of Prison, Coimbatore Range, Central Prison, Coimbatore - 600 008.
3.The Superintendent, Central Prison, Coimbatore - 600 008.
4.The Inspector of Police, Wellington Police Station, Ooty.
5.The Public Prosecutor, High Court, Madras.
M.S.RAMESH, J.
and N. SENTHILKUMAR, J.
Sni 14.02.2025