Anjali v. The State Rep. By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.03.2025 CORAM :

THE HONOURABLE MR. JUSTICE M.S.RAMESH and THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR and W.M.P.No.3866 of 2025 Anjali ... 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 - 1 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 02.01.2025 in proceedings No.537213/Thaku2/2024 passed by the second respondent and quash the same and directing the respondents to grant ordinary leave for 28 days without escort to the detenu, Senthilkumar, S/o.Annamalai, aged about 44 years bearing Convict No.1709 confined at Central Prison-

1, Puzhal.

For Petitioner : Mr.S.Sadhana For Respondents : Mr.R.Muniyapparaj Additional Public Prosecutor

ORDER

M.S.RAMESH, J.

AND N.SENTHILKUMAR , J.

The above Writ Petition is filed to call for the records connected with impugned order dated 02.01.2025 in proceedings No.537213/Thaku2/2024 passed by the second respondent and quash the same and directing the respondents to grant ordinary leave for 28 days without escort to the detenu, Senthilkumar, S/o.Annamalai, aged about 44 years bearing Convict No.1709 confined at Central Prison-1, Puzhal. 2.Learned Additional Public Prosecutor on instructions submitted that earlier when leave was granted to the prisoner on 11.02.2014 to 18.02.2014 for 7 days, the prisoner had failed to report before the jail authorities on expiry of the leave and was absconding till 25.11.2021 which is more than 7 years.

3.The Additional Director General of Police, vide circular dated

15.12.2017 had instructed all the Range Deputy Inspector General of Prisons and Superintendent of Prisons not to grant any sort of leave to a prisoner who was absent on leave previously and facing a case U/s.224 I.P.C. in the past five years preceding the date of commencement of leave. In the instant case, the five year period after the prisoner was captured had not expired, and therefore he would not be entitled for grant of leave, in view of the circular dated 15.12.2017. 4.In view of above, the prisoner is not entitled to claim leave. This writ petition stands dismissed accordingly. No costs. [M.S.R, J.] [N.S, J.] 06.03.2025 kas Index : Yes / No M.S.RAMESH, J.

and N.SENTHILKUMAR, J.

kas To.

1.The Deputy Inspector General of Prison Gandhi Irwin Road, Egmore Chennai 600 008 2.The Superintendent Puzhal Central Prison - 1 Puzhal 600 066 3.The Public Prosecutor High Court of Madras Chennai 06.03.2025