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Madras High CourtWP/6275/2025allowed

Veeramuthu v. The State Represented By Its

2025-03-14Honourable Mr Justice M.S. Ramesh,Honourable Mr.Justice N.Senthilkumar6 pages

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 and W.M.P.No.6899 of 2025 Veeramuthu ... Petitioner Vs.

The State rep. by its, 1.The Deputy Inspector General of Prison, Gandhi Irwin Road, Egmore, Chennai - 600 008.

2.The Superintendent, Puzhal Central Prison-1, Puzhal-600 066.

... 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 pertaining to the impugned order bearing No.396901/Tha.Ku.2/2024, dated 06.12.2024, passed by the 2nd respondent and quash the same and consequently direct the 1st respondent to grant ordinary leave for 28 days without escort to the detenu, Veeramuthu, S/o.Paulraj, aged about 49 years, convict prisoner, bearing Convict No.5874 and PID No.1994, confined at Central Prison, Puzhal - 1.

For Petitioner : Mr.A.Sivakumar Sivaaji 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 06.12.2024, considering the representation dated 28.09.2024 and granting ordinary leave to the petitioner, however with escort.

2. The learned counsel for the petitioner submitted that the petitioner has sought for an ordinary leave for 28 days for himself, as he needs to arrange the medical expenses of his wife and the livelihood of his family.

3. The learned Additional Public Prosecutor has produced the particulars of the petitioner/life convict dated 20.02.2025, as well as the report of the Probation Officer dated 20.11.2024. In the Probation Officer's report, it is recorded that if the life convict is granted leave, there is no threat to his life.

4. We also find that when the petitioner/life convict was granted leave without escort earlier, he had surrendered before the jail authority on completion of the leave without any complaint.

5. Considering all the above factors, we are inclined to modify the order passed by the second respondent herein dated 06.12.2024, granting 28 days ordinary leave 'with escort'.

6. Accordingly, the impugned order dated 06.12.2024 passed in No.396901/Tha.Ku.2/2024 by the second respondent is modified to the effect that the petitioner/life convict namely Veeramuthu, S/o.Paulraj, aged about 49 years, bearing Convict No.5874 and PID No.1994, confined at Central Prison, Puzhal - 1, is granted 19 days ordinary leave "without escort" commencing from 22.03.2025 to 09.04.2025, with a condition that the petitioner/life convict shall report before the jurisdictional Police i.e. H4 Korukkupet Police Station, Chennai, daily at 10.30 A.M. After expiry of the Ordinary Leave, the life convict shall surrender before the Jail Authority on 09.04.2025 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. Connected miscellaneous petition is closed. [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 Deputy Inspector General of Prison, Gandhi Irwin Road, Egmore, Chennai - 600 008.

2.The Superintendent, Puzhal Central Prison-1, Puzhal-600 066.

3.The Inspector of Police, H4 Korukkupet Police Station, Chennai.

4.The Public Prosecutor, High Court, Madras.

M.S.RAMESH, J.

and N. SENTHILKUMAR, J.

Sni 14.03.2025