Suganya v. The Additional Director General Of Police / Ig Of Prisons
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.02.2025 CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR Suganya
...Petitioner/wife of the detenue
Vs.
1.The Additional Director General of Police/ IG of Prisons, CMDA, Towers II, No.1, Gandhi Irvin Road, Egmore, Chennai-600 008.
2.The Commissioner of Police, Chennai.
3.The Superintendent, Central Prison, Puzhal, Chennai.
4.The Inspector of Police, R-3, Ashok Nagar Police station, Chennai.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, to direct the respondent to grant emergency leave without escort to the husband of the petitioner namely Saravanan, S/o.Devanayagam by considering the petitioner's representation dated 22.01.2025.
For Petitioner : Mr.R.Thamarai Selvan 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 to direct the respondent to grant emergency leave, without escort to the husband of the petitioner namely Saravanan, S/o.Devanayagam, confined in Central Prison, Puzhal, by considering the petitioner's representation dated 22.01.2025.
2. Heard the learned counsel on either side and perused the documents.
3. The petitioner herein seeks for grant of emergency leave for her husband, without escort, on the ground that puberty ceremony for the petitioner's daughter is going to be conducted on 10.02.2025, for which she requires the presence of her husband to make arrangements for the same.
4.The learned Additional Public Prosecutor produced a copy of the Probation Officer's report dated 07.02.2025, wherein the Probation Officer has recommended for grant of leave as the reason assigned by the petitioner is true.
5. Considering the fact that the reason assigned by the petitioner for grant of leave is true, we are inclined to grant emergency leave for a period of 7 days in exercise of our powers under Article 226 of the Constitution of India.
6. Accordingly, the detenue viz., Saravanan, S/o.Devanayagam, confined at Central Prison, Puzhal, is hereby granted emergency leave for a period of 7 days, without escort, commencing from 10.00 am on 08.02.2025 to 5 pm of 14.02.2025. On expiry of the emergency leave, the detenu shall surrender before the prison authorities. During the period of leave, the prisoner shall report before the Inspector of Police, Vangal Police Station, Karur daily at 05.00 p.m. 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.
7. Accordingly, the Writ Petition stands allowed. No costs. [M.S.R., J] [N.S., J] 07.02.2025 Index: Yes/No Speaking/Non-speaking order Internet: Yes/No Anu Note: Issue Order Copy on 07.02.2025 Upload the order copy forthwith To 1.The Additional Director General of Police/ IG of Prisons, CMDA, Towers II, No.1, Gandhi Irvin Road, Egmore, Chennai-600 008.
2.The Commissioner of Police, Chennai.
3.The Superintendent, Central Prison, Puzhal, Chennai.
4.The Inspector of Police, R-3, Ashok Nagar Police station, Chennai.
5.The Public prosecutor Madras High Court
M.S.RAMESH, J.
and N.SENTHILKUMAR, J.
Anu 07.02.2025