Kalaivani v. The State Rep By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.02.2025 CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR Kalaivani
...Petitioner/mother of the detenue
Vs.
The State represented by its 1.The Secretary to the Government of Tamil Nadu, Department of Home, Fort St. George, Chennai-600 009.
2.The Director Inspector General of Prison, Vellore Range, Vellore Central prison, Vellore-632 002.
3.The Superintendent, Cuddalore Central Prison, Cuddalore-607 004.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, to extend the ordinary leave for 15 days without escort, granted to the detenue, Divakaran, S/o.Durairaj, aged about 33 years, Convict No.16230, detained at Central prison, Cuddalore in W.P.No.184 of 2025, order dated 27.01.2025 from 20.02.2025.
For Petitioner : Ms.K.Akshaya For Respondents : Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.M.Sylvester John
ORDER
M.S.RAMESH, J.
and N.SENTHILKUMAR, J.
(Order of this court was delivered by M.S.RAMESH.J,) By consent of both the parties, this Writ Petition is taken up for final disposal in the admission stage itself.
2. The leave of 21 days granted to the convict prisoner viz., Divakaran, S/o.Durairaj, aged about 33 years, Convict No.16230, detained at Central prison, Cuddalore, by this Court though orders passed in W.P.No.184 of 2025 dated 27.01.2025, expires on 20.02.2025. In the present Writ Petition, the petitioner seeks for extension of the leave.
3. Learned counsel for the petitioner placed reliance on the hospital records to substantiate that a Coronary Angiogram procedure has been fixed for his mother on 24.02.2025, for which purpose, he seeks
extension of leave.
4. Though the learned Additional Public Prosecutor for the respondent had raised certain objections, he would submit that the convict prisoner is otherwise entitled for 28 days of ordinary leave, out of which, he has already been granted leave for 21 days.
5. In consideration of the medical ailment of the petitioner's mother, we are inclined to extend the ordinary leave granted for a period of 7 days commencing from 20.02.2025 at 05.30 p.m till 26.02.2025 05.30 p.m, without escort on the same conditions imposed in W.P.No.184 of 2025.
6. Accordingly, this Writ Petition stands allowed. No Costs. [M.S.R., J] [N.S., J] 19.02.2025 Index: Yes/No Speaking/Non-speaking order Internet: Yes/No Anu Note: Issue Order Copy on 19.02.2025 Upload the order copy forthwith
M.S.RAMESH, J.
and N.SENTHILKUMAR, J.
Anu To 1.The Secretary to the Government of Tamil Nadu, Department of Home, Fort St. George, Chennai-600 009.
2.The Director Inspector General of Prison, Vellore Range, Vellore Central prison, Vellore-632 002.
3.The Superintendent, Cuddalore Central Prison, Cuddalore-607 004.
4.The Inspector of Police, T-3, Korattur Police Station, Chennai 5.The Public prosecutor Madras High Court 19.02.2025