C.Tharun Prasath v. The Director General Of Police

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 C.Tharun Prasath ... Petitioner Vs.

1.The Director General of Police, Inspector General of Police, Prisons and Correctional Service, Egmore, Chennai - 600 008.

2.The Superintendent of Prison, Central Prison, Coimbatore.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the respondent to grant ordinary leave for 28 days for the petitioner's father named Siva @ Sivakumar, S/o.Ramalingam, Convict Prisoner - Ct.No.36249, Central Prison, Coimbatore.

For Petitioner : Mr.R.Vivekananthan

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 herein is the son of the life convict. On the ground that the petitioner needs his father's presence for improving their financial straits, he had given representations dated 17.01.2025 and 05.02.2025. Since the same have not been considered till date, the present Writ Petition has been filed by the petitioner seeking 28 days ordinary leave for his father/life convict.

2. The learned counsel for the petitioner submitted that the life convict has undergone more than 8 years of imprisonment without availing any leave.

3. The learned Additional Public Prosecutor has produced the particulars of the life convict dated 20.03.2025, as well as the report of the

Probation Officer dated 20.02.2025. The Probation Officer in his report has stated that the reason assigned by the petitioner in his representation is true and hence, he has recommended to grant leave to his father/life convict.

4. By taking into consideration the report of the Probation Officer, recommending to grant leave to the petitioner's father/life convict, as well as the fact that the life convict has not availed any leave so far, we are inclined to grant 28 days of ordinary leave to the petitioner's father/life convict.

5. Accordingly, the respondents herein are directed to grant 28 days ordinary leave "without escort" to the petitioner's father/life convict namely Siva @ Sivakumar, S/o.Ramalingam, Ct.No.36249, confined at Central Prison, Coimbatore, commencing from 28.03.2025 to 24.04.2025, with a condition that the life convict shall report before the jurisdictional Police i.e. Pallipalayam Police Station, Namakkal, daily at 10.30 A.M. After expiry of the Ordinary Leave, the life convict shall surrender before the Jail Authority on 24.04.2025 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.] 21.03.2025 Index: Yes/No Speaking order/Non-speaking order Internet: Yes/No Sni Note: Issue Order Copy on 27.03.2025.

To 1.The Director General of Police, Inspector General of Police, Prisons and Correctional Service, Egmore, Chennai - 600 008.

2.The Superintendent of Prison, Central Prison, Coimbatore.

3.The Inspector of Police, Pallipalayam Police Station, Namakkal.

4.The Public Prosecutor, High Court, Madras.

M.S.RAMESH, J.

and N. SENTHILKUMAR, J.

Sni 21.03.2025