Ealiya v. The State Represented By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.02.2025 CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR and W.M.P.No.4644 of 2025 Ealiya
...Petitioner/ the detenue
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 ... 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 pertaining to the Impugned order bearing No. 620737 / Tha. Ku-2 / 2024, dated 20.01.2025, passed by the 2nd respondent and quash the same and consequently direct the 1st respondent to grant 28 days of ordinary leave, without escort to the detenue Ealiya, S/o Ramanayya, aged about 25 years, convict prisoner, bearing Convict No 10309 and PID No 306515 confined at Central Prison, Puzhal-1.
For Petitioner : Mr.S.Pandiyan For Respondent : 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 call for the records pertaining to the Impugned order bearing No. 620737 / Tha. Ku-2 / 2024, dated 20.01.2025, passed by the 2nd respondent and quash the same and consequently direct the 1st respondent to grant 28 days of ordinary leave, without escort to the detenue Ealiya, S/o Ramanayya, aged about 25 years, convict prisoner, bearing Convict No 10309 and PID No 306515 confined at Central Prison, Puzhal-1.
2. Heard the learned counsel on either side and perused the documents.
3. The petitioner herein seeks for grant of 28 days of ordinary leave, without escort, on the ground that the petitioner's mother has been advised by the doctor to undergo an eye surgery, for which he requires to be with his mother for arranging funds for the treatment. Further, the detenue has undergone 1 years, 8 months and 11 days of imprisonment. 4.The learned Additional Public Prosecutor produced a copy of the Probation Officer's report dated 24.01.2025, in which, the Probation Officer has recommended for grant of leave as the reasons assigned by the petitioner is said to be true. However, the convict prisoner is not eligible for ordinary leave since he has not completed 3 years of imprisonment.
5. Although the law enforcing agency has not recommended for grant of leave, considering the fact that the Probation Officer has recommended for grant of leave and that the convict prisoner has not availed leave even once, we are inclined to grant 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., Ealiya, S/o Ramanayya, aged about 25 years, convict prisoner, bearing Convict No 10309 and PID No. 306515, is hereby granted leave for a period of 7 days, without escort, commencing from 10.00 am on 06.03.2025 to 5 pm of 12.03.2025. On expiry of the leave, the detenu shall surrender before the prison authorities. During the period of leave, the prisoner shall report before the Inspector of Police, H6 R.K Nagar Police Station Chennai, 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. Consequently, connected miscellaneous petition is closed. [M.S.R., J] [N.S., J] 27.02.2025 Index: Yes/No Speaking/Non-speaking order Internet: Yes/No Anu Note: Issue Order Copy on 05.03.2025 Upload the order copy forthwith
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 Inspector of Police, H6 R.K Nagar Police Station Chennai 4.The Public Prosecutor, High Court, Madras.
M.S.RAMESH, J.
and N.SENTHILKUMAR, J.
Anu and W.M.P.No.4644 of 2025 27.02.2025