M.Shyamala v. State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.03.2025 CORAM :

THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE N. SENTHILKUMAR M.Shyamala ... Petitioner Vs.

1.State of Tamil Nadu, Rep. by the Principal Secretary to Government, Home, Prohibition and Excise (Prison IV) Department, Secretariat, Fort St.George, Chennai - 600 009.

2.The Deputy Inspector General of Prisons and Correctional Services, Trichy Range, Race Course Road, Trichy - 620 023.

3.The Superintendent, Central Prison, Trichy - 620 020.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the 2nd respondent vide proceedings in No:RO-TRY/649/MuVu/2024 dated 15.01.2025 and quash

the same as illegal and consequently direct the 1st respondent to grant 30 days ordinary leave without police escort to the petitioner's son namely Praveenkumar, S/o.Manickam, Life Convict Prisoner, bearing Life Convict Prisoner No.24157, PID No.189336, confined at Central Prison, Trichy on the basis of the petitioner's representation dated 07.02.2025. For Petitioner : Mr.K.A.S.Prabhu For Respondents : Mr.R.Muniyapparaj, Additional Public Prosecutor assisted by Mr.M.Sylvester John

ORDER

(Order of the Court was made by M.S.RAMESH, J.) This Writ Petition has been filed challenging the impugned order dated 15.01.2025, rejecting the representation of the petitioner dated 26.11.2024.

2. The only reason assigned in the impugned order for rejecting the petitioner's representation for grant of ordinary leave to her son/life convict is that since the life convict's appeal is pending before this Court, he is not eligible for grant of leave as per the Tamil Nadu Suspension of Sentence Rules, 1982

3. The learned counsel for the petitioner submitted that the petitioner has sought for ordinary leave for a period of 30 days for her son/life convict since she requires his presence to make arrangements of funds for medical treatment of her husband/life convict's father, as well as to complete the construction of house. The learned counsel further submitted that the life convict has not availed any leave during his 5 years of imprisonment.

4. The learned Additional Public Prosecutor has produced the particulars of the life convict dated 19.03.2025, as well as the report of the Probation Officer dated 02.12.2024. The Probation Officer, upon investigation, has stated that the reasons assigned by the petitioner for seeking leave for her son are genuine and hence, he has recommended to grant leave to the life convict, however with escort.

5. By taking into consideration the report of the Probation Officer, recommending to grant leave to the petitioner's son/life convict with escort, as well as the reason stated in the affidavit in support of this petition, we are inclined to grant 10 days of ordinary leave to the petitioner's son/life convict with minimum escort.

6. Accordingly, the impugned order dated 15.01.2025 passed in No:RO-TRY/649/MuVu/2024 by the second respondent, is hereby quashed. Consequently there shall be a direction to the respondents herein, to grant 10 days ordinary leave "with minimum escort" to the petitioner's son/life convict namely Praveenkumar, S/o.Manickam, bearing Life Convict Prisoner No.24157, PID No.189336, confined at Central Prison, Trichy, commencing from 28.03.2025 to 06.04.2025. After expiry of the Ordinary Leave, the life convict shall surrender before the Jail Authority on 06.04.2025 before 05.30 P.M. The prisoner shall utilize the leave only for the purpose for which it has been granted and shall not indulge in any other activities.

7. With the above direction, the Writ Petition stands allowed. No costs.

[M.S.R, J.] [N.S, J.] 21.03.2025 Index: Yes/No Speaking order/Non-speaking order Sni Note: Issue Order Copy on 27.03.2025.

To 1.The Principal Secretary to Government, Home, Prohibition and Excise (Prison IV) Department, Secretariat, Fort St.George, Chennai - 600 009.

2.The Deputy Inspector General of Prisons and Correctional Services, Trichy Range, Race Course Road, Trichy - 620 023.

3.The Superintendent, Central Prison, Trichy - 620 020.

4.The Public Prosecutor, High Court, Madras.

M.S.RAMESH, J.

and N. SENTHILKUMAR, J.

Sni 21.03.2025