Elangovan v. The State Represented By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.03.2025 CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE N. SENTHILKUMAR and W.M.P.No.6809 of 2025 Elangovan ... 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.448879/Tha.Ku.2/2024, dated 17.12.2024, passed by the 2nd respondent and quash the same and consequently direct the 1st respondent to grant ordinary leave for 21 days without escort to the detenu,
Elangovan, S/o.Munusamy, aged about 45 years, bearing Convict No.8481 and PID No.103965, 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.) The petitioner herein who is the life convict, is aggrieved against the condition in the leave granted by the jail authority through its proceedings dated 17.12.2024, insofar as it relates to extending escort during the period of leave.
2. The learned Additional Public Prosecutor has produced the particulars of the convict prisoner dated 15.03.2025, as well as the report of the Probation Officer dated 14.11.2025. The Probation Officer in his report dated 14.11.2024, has clearly stated that the reasons assigned by the life convict for seeking leave are true and there is no threat to the life
convict. He further stated that even during the last leave granted by this Court through its order dated 07.06.2024 passed in W.P.No.11209 of 2024, there was no threat to the life convict during the period of leave and the life convict had also reported the jail authority after the expiry of leave.
3. In view of the favourable report of the Probation Officer, the order of the second respondent dated 17.12.2024 in No.448879/Tha.Ku.2/2024, insofar as it extends 'leave with escort', is modified to 'leave without escort'. All other conditions in the proceedings dated 17.12.2024 shall remain intact.
4. Accordingly, this Writ Petition stands allowed. Consequently, there shall be a direction to the respondents herein, to grant 21 days ordinary leave "without escort" to the petitioner/life convict namely Elangovan, S/o.Munusamy, aged about 45 years, bearing Convict No.8481 and PID No.103965, confined at Central Prison, Puzhal-1, commencing from 26.03.2025 to 15.04.2025, with a condition that the life convict shall report before the jurisdictional Police i.e. P1 Pulianthoppu 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 15.04.2025 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. No costs. Connected miscellaneous petition is closed. [M.S.R, J.] [N.S, J.] 17.03.2025 Index: Yes/No Speaking order/Non-speaking order Internet: Yes/No Sni Note: Issue Order Copy on 25.03.2025.
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, P1 Pulianthoppu Police Station, Chennai.
4.The Public Prosecutor, High Court, Madras.
M.S.RAMESH, J.
and N. SENTHILKUMAR, J.
Sni 17.03.2025