Poongodi v. The State Rep By Its

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 Poongodi

...Petitioner/ wife of the detenue

Vs.

The State represented by its, 1.The Deputy Inspector General of Prison, Coimbatore Range, Coimbatore-641 018 2.The Superintendent, Coimbatore Central Prison, Coimbatore-641 018.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, to direct the respondents to grant ordinary leave for 21 days, without escort to the detenue, Rameshkumar, S/o.Dharuman, aged about 37 years, Convict Prisoner, bearing Convict No.22520 and PID No.230398 confined at Central prison, Coimbatore.

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 direct the respondents to grant ordinary leave for 21 days, without escort to the detenue, Rameshkumar, S/o.Dharuman, aged about 37 years, Convict Prisoner, bearing Convict No.22520 and PID No.230398 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 21 days of ordinary leave for her husband, without escort, on the ground that the petitioner along with her two daughters has been struggling for survival, without the detenue, as the petitioner could not meet the educational expenses of her daughters, for which she requires the presence of her husband to make arrangements for their livelihood. Further, the detenue has undergone 5 years, 5 months and 12 days.

4.The learned Additional Public Prosecutor produced a copy of the Probation Officer's report dated 06.02.2025, in which, the Probation Officer has not recommended for grant of leave since the reasons assigned by the petitioner is said to be false. He would submit that the prisoner is otherwise eligible for 21 days of ordinary leave.

5. Although the Probation Officer has not recommend for grant of leave, considering the fact that the convict prisoner has not availed ordinary leave even once, 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., Rameshkumar, S/o.Dharuman, aged about 37 years, Convict Prisoner, bearing Convict No.22520 and PID No.230398, is hereby granted ordinary leave for a period of 21 days, without escort, commencing from 10.00 am on 20.03.2025 to 5 pm of 09.04.2025. On expiry of the ordinary leave, the detenu shall surrender before the prison authorities. During the period of leave, the prisoner

shall report before the Inspector of Police, Kadathur Police Station, 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] 12.03.2025 Index: Yes/No Speaking/Non-speaking order Internet: Yes/No Anu Note: Issue Order Copy on 19.03.2025 Upload the order copy forthwith To 1.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, Kadathur Police Station 4.The Public Prosecutor, High Court, Madras.

M.S.RAMESH, J.

and N.SENTHILKUMAR, J.

Anu 12.03.2025