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Madras High CourtWP/5766/2025dismissed

S.Balaji v. The Deputy Inspector General Of Prisons,

2025-03-12Honourable Mr Justice M.S. Ramesh,Honourable Mr.Justice N.Senthilkumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.03.2025 CORAM :

THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR and W.M.P.No.6344 of 2025 S.Balaji ... Petitioner Vs.

1. The Deputy Inspector General Of Prisons, Chennai Range, Prison Head Quarters, Whannels Road, Egmore, Chennai-600 008.

2.The Superintendent Of Prison, Central Prison-I, Puzhal Chennai-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 vide reference No.604202/ Tha.Ku.2/ 2025 dated 23.01.2025 passed by the second respondents and quash the same and directing the respondents to grant ordinary leave for 28 days without escort to the detenue S.Balaji, S/o. Mr.U.Sekar, Hindu aged

about 43 years Convict No.9110, confined at Central Prison-I Puzhal, Chennai-600 066.

For Petitioner : Mr.N.Vishnuvardhan For Respondents : Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.M.Sylvester John

ORDER

(Order of this Court was made by M.S.RAMESH.J,) This Writ Petition has been filed to call for the records connected with impugned order vide reference No.604202/ Tha.Ku.2/ 2025 dated 23.01.2025 passed by the second respondents and quash the same and directing the respondents to grant ordinary leave for 28 days without escort to the detenue S.Balaji, S/o. Mr.U.Sekar, Hindu aged about 43 years Convict No.9110, confined at Central Prison-I Puzhal, Chennai-600 066.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

3. We find from the records that the prisoner was recently granted

emergency leave on 13.01.2025 to 20.01.2025. Even prior to that he was granted emergency leave on 10.11.2024, 01.09.2024 and 01.06.2025. Since he has been in imprisonment only for 2 years and 11 months, he would not be entitled for ordinary leave under the Tamil Nadu Suspension of Sentence Rules, 1982. In this background, we are not inclined to entertain the prayer sought for in this Writ Petition.

4. Accordingly, this Writ Petition stands dismissed. No Costs. Consequently, connected miscellaneous petition is closed. [M.S.R., J] [N.S., J] 12.03.2025 Index: Yes/No Speaking/Non-speaking order Internet: Yes/No Anu To

1. The Deputy Inspector General Of Prisons, Chennai Range, Prison Head Quarters, Whannels Road, Egmore, Chennai-600 008.

2.The Superintendent Of Prison,

Central Prison-i, Puzhal Chennai-600 066.

M.S.RAMESH, J.

and N.SENTHILKUMAR, J.

Anu 3.The Public Prosecutor, High Court, Madras.

and W.M.P.No.6344 of 2025 12.03.2025