Palaniyammal v. The Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.03.2025 CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE N. SENTHILKUMAR Palaniyammal ... Petitioner Vs.
1.The Secretary, Government of Tamil Nadu, Home Department, Fort St.George, Chennai - 600 009.
2.The Deputy Inspector General of Prison, Prison Department, Whannels Road, Ansari Estate, Egmore, Chennai - 600 008.
3.The Superintendent, Central Prison, Coimbatore.
4.The Inspector of Police, All Women Police Station [North], Tiruppur.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the respondents to
grant parole for petitioner's son Arun Kumar, S/o.Rajendira Jothi, (Convict No.21635), who is now under the incarceration at Central Prison, Coimbatore, for a period of one month without escort to mobilize funds and to undergo appendix operation for the petitioner and to do rituals for the petitioner's husband based on the representation dated 09.02.2025. For Petitioner : Mr.D.Anantha Padmanabhan 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.) The petitioner is the mother of the life convict, who requires the presence of her son to mobilize funds for her appendix operation, as well to perform necessary rituals of her deceased husband. With regard to the same, the petitioner has given a representation dated 09.02.2025 to the respondents. Since the said representation has not been considered till date, the petitioner has filed a present petition seeking ordinary leave for a period of one month for her son.
2. The learned counsel for the petitioner submitted that the life convict has undergone more than 6 years of imprisonment and he has not availed any leave so far.
3. The learned Additional Public Prosecutor has produced the particulars of the life convict dated 13.03.2025, as well as the report of the Probation Officer dated 05.03.2025. The Probation Officer in his report has stated that the reasons assigned by the petitioner in her representation are true and hence, he has recommended to grant leave to the life convict.
4. By taking into consideration the report of the Probation Officer recommending to grant leave to the life convict, as well as the fact that the life convict has not availed any leave so far, we are inclined to grant 21 days of ordinary leave to the petitioner's son/life convict.
5. Accordingly, the petitioner's son/life convict namely Arun Kumar, S/o.Rajendira Jothi, (Convict No.21635), now confined at Central Prison, Coimbatore, is granted 21 days ordinary leave "without escort" commencing
from 22.03.2025 to 11.04.2025, with a condition that the life convict shall report before the jurisdictional Police i.e. Tirupur North Police Station, daily at 10.30 A.M. After expiry of the Ordinary Leave, the life convict shall surrender before the Jail Authority on 11.04.2025 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.
6. With the above direction, the Writ Petition stands allowed. No costs.
[M.S.R, J.] [N.S, J.] 14.03.2025 Index: Yes/No Speaking order/Non-speaking order Sni Note: Issue Order Copy on 21.03.2025.
To 1.The Secretary, Government of Tamil Nadu, Home Department, Fort St.George, Chennai - 600 009.
2.The Deputy Inspector General of Prison, Prison Department, Whannels Road, Ansari Estate, Egmore, Chennai - 600 008.
3.The Superintendent, Central Prison, Coimbatore.
4.The Inspector of Police, All Women Police Station [North], Tiruppur.
5.The Inspector of Police, Tirupur North Police Station, Tirupur.
6.The Public Prosecutor, High Court, Madras.
M.S.RAMESH, J.
and N. SENTHILKUMAR, J.
Sni 14.03.2025