Kashthuri v. The State Rep. 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.4577 of 2025 KASHTHURI W/o.Elavarasn, D.No.2/26, Sethupillapatti, Thinnanurnadu, Namakkal-637 411.
Petitioner(s) Vs
1. The State Rep. By Its The Deputy Inspector General Of Prison, Coimbatore Range, Coimbatore-641 018.
2.The Superintendent, Coimbatore Central Prison, Coimbatore 641 018.
Respondent(s) 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.23711/Tha.Ku.3/2024, dated 17.01.2025 passed by the 2nd respondent and quash the same and consequently direct the respondents to grant ordinary leave for 30 days, without escort to the detenue, Elavarasan, S/o.Kolappandiponnusamy, aged about 30 years, bearing Convict No.22835 and PID No.298377 confined at Central Prison Coimbatore.
For Petitioner(s):
M/s.P.Bakiyaraj For Respondent(s):
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.23711/Tha.Ku.3/2024, dated 17.01.2025 passed by the 2nd respondent and quash the same and consequently direct the respondents to grant ordinary leave for 30 days, without escort to the detenue, Elavarasan, S/o.Kolappandiponnusamy, aged about 30 years, bearing Convict No.22835 and PID No.298377 confined at Central Prison Coimbatore.
2. Heard the learned counsel on either side and perused the documents.
3. The petitioner herein seeks for grant of 30 days of ordinary leave, without escort, on the ground that the petitioner is the wife of the detenue and
she lives alone, without any support and she requires the presence of her husband to make arrangements for the livelihood of their family. Further, the detenue has undergone 4 years, 4 months and 4 days of imprisonment. 4.The learned Additional Public Prosecutor produced a copy of the Probation Officer's report dated 20.02.2025, in which, the Probation Officer has recommended for grant of leave as the reasons assigned by the petitioner is said to be true. He would submit that the prisoner is eligible for 21 days of ordinary leave.
5.Considering the fact that the Probation Officer has recommended for grant of leave, we are inclined to grant ordinary leave for a period of 21 days in exercise of our powers under Article 226 of the Constitution of India.
6. Accordingly, the detenue viz., Elavarasan, S/o.Kolappandiponnusamy, aged about 30 years, bearing Convict No.22835 and PID No.298377, is hereby granted ordinary leave for a period of 21 days, without escort, commencing
from 10.00 am on 06.03.2025 to 5 pm of 26.03.2025. 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, Valavanthinadu Police Station, Namakkal, 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 State Rep. By Its The Deputy Inspector General Of Prison, Coimbatore Range, Coimbatore-641 018.
2.The Superintendent, Coimbatore Central Prison, Coimbatore 641 018.
3.The Inspector of Police, Valavanthinadu Police Station, Namakkal 4.The Public prosecutor, Madras High Court
M.S.RAMESH J.
AND N.SENTHILKUMAR J.
and W.M.P.No.4577 of 27-02-2025