Gajendra v. The State Rep By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.03.2025 CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR GAJENDRA
...Petitioner/brother of the detenue
Vs.
1. The State Rep By Its The Secretary To The Government Of Tamil Nadu, Department Of Home, Fort St. George, Chennai-09.
2.The Deputy Inspector General Of Prison Coimbatore Range, Coimbatore- 641 018.
3.The Superintendent Salem Central Prison, Salem- 635 007.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, to direct the respondents to grant ordinary leave for 28 days, without escort to the detanue,
Chandrasekhar, S/o. Narayanappa, aged about 28 years, confined at central prison, Salem.
For Petitioner : Mr.M.Ezhilarasu 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 to direct the respondents to grant ordinary leave for 28 days, without escort to the detenue, Chandrasekhar, S/o. Narayanappa, aged about 28 years, confined at central prison, Salem.
2. Heard the learned counsel on either side and perused the documents.
3. Pending the Writ Petition, the Jail Authorities have granted ordinary leave to the prisoner for a period of 21 days, with escort vide order No.83/jc2/2025 dated 13.03.2025.
4. Learned counsel for the petitioner would submit that the prisoner is not in a position to afford for leave, with escort in view of his financial status.
5. The Probation Officer, in his report, has stated that the victim's family is not residing near the convict prisoner's residence. As such, we do not find any reason as to why escort shall be provided for the prisoner since there is no threat to his safety. Accordingly, the order passed by the Jail Authorities in No.83/jc2/2025 dated 13.03.2025, granting 21 days of ordinary leave, with escort is modified to leave, without escort commencing from 10.00 am on 27.03.2025 to 5 pm of 16.04.2025. However, there shall be a further condition that the convict prisoner shall report before the Inspector of police, Bagalur Police Station daily 05.00 p.m. The Convict Prisoner shall utilize the leave only for the ground on which it has been granted and shall not indulge in any other activities. All other conditions imposed by the Jail Authorities in the order shall remain in tact.
6. Accordingly, the Writ Petition stands allowed. No costs. [M.S.R., J] [N.S., J] 19.03.2025 Index: Yes/No Speaking/Non-speaking order Anu Note: Issue Order Copy on 26.03.2025 Upload the order copy forthwith To 1.The Secretary To The Government Of Tamil Nadu, Department Of Home, Fort St. George, Chennai-09.
2.The Deputy Inspector General Of Prison Coimbatore Range, Coimbatore- 641 018.
3.The Superintendent Salem Central Prison, Salem- 635 007.
4.The Inspector of Police, Bagalur Police Station.
5.The Public Prosecutor, High Court, Madras.
M.S.RAMESH, J.
and N.SENTHILKUMAR, J.
Anu 19.03.2025