Tara v. The State Rep By Its ,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.03.2024 CORAM :

THE HONOURABLE MR. JUSTICE M.S.RAMESH AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN Tara

...Petitioner / wife of the detenue

vs.

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

2.The Superintendent, Puzhal Central Prison, Puzhal-600066.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, to direct the respondents to grant ordinary leave for 30 days without escort to the detenue, Kasim, S/o.Raud Basha, aged about 35 years bearing Convict No.5045 confined at Central Prison, Puzhal.

For Petitioner :

Ms.S.Sadhana For Respondents :

Mr.E.Raj Thilak Additional Public Prosecutor Assisted by Mr.C.Aravind

ORDER

(Order of the Court was made by M.S.RAMESH, J.) Since the petitioner's request for the grant of ordinary leave to her husband, convict prisoner viz., Kasim, S/o.Raud Basha, aged about 35 years, who has been sentenced to undergo 10 years of imprisonment, was not considered within a reasonable time, the present Writ Petition has been filed.

2. Heard the learned counsel on either side and perused the documents.

3.The Probation Officer has filed his report dated 07.03.2024,

wherein he has favourably recommended for grant of leave with escort. However, in the said report, no reasons has been assigned as to why escort has to be provided.

4.Learned counsel for the petitioner submitted that if the leave is granted with escort, serious prejudice would be caused to the petitioner's family. Hence, he prayed for grant of ordinary leave without escort.

5. We are of the view that instead of escort being provided during the period of leave if the prisoner is directed to report before the concerned jurisdictional police periodically, the grievance of both the petitioner as well as the respondents can be redressed. Accordingly, the respondents herein are ordered to grant leave to the petitioner's husband, convict prisoner viz., Kasim, S/o.Raud Basha, aged about 35 years, bearing Convict No.5045, confined at Central Prison, Puzhal, for a period of 21 days without escort, on the following conditions.

(i) Respondents are directed to release the Convict Prisoner viz., Kasim, S/o.Raud Basha, aged about 35 years,

bearing Convict No.5045, on Ordinary Leave for a period of 21 days i.e., from 27.03.2024 to 17.04.2024.

(ii) The Convict Prisoner shall be released on 27.03.2024 at 10.00 am and surrender before the Superintendent of Prison, Puzhal Central Prison, Puzhal600066, on 17.04.2024 at 05.30 p.m. (iii) The Convict Prisoner is directed to report before the Inspector of Police, D-3, Ice, House, Chennai twice a week i.e., on every Monday and Thursday at 05.00 pm, during the period of leave.

(iv) 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.

6. With the above directions, the writ petition stands allowed. (M.S.R.,J.) (S.M.,J.) 25.03.2024 Note to Registry:

1.Issue order copy by 26 .03.2024.

2.Upload the order copy forthwith.

Anu To 1.The Deputy Inspector General of Prison, Gandhi Irwin Road, Egmore, Chennai-600 008.

2.The Superintendent, Puzhal Central Prison, Puzhal-600066.

3.The Inspector of Police, D-3, Ice House, Chennai.

4. The Public Prosecutor, High Court, Madras.

M.S.RAMESH, J and SUNDER MOHAN, J Anu 25.03.2024