Kuppan v. The Deputy Inspector General Of Prisons
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.03.2025 CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE N. SENTHILKUMAR and W.M.P.No.8587 of 2025 Kuppan ... Petitioner Vs.
1.The Deputy Inspector General of Prisons, Gandhi Irwin Road, Egmore, Chennai - 600 008.
2.The Superintendent of Prisons, Central Prison-1, Puzhal, Chennai - 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 in the order date on 09.12.2024 bearing No.370776/tha.ku.2/2024 passed by respondent no.2 and quashing the same and directing the respondents to grant 28 days ordinary leave without escort instead of with escort for the petitioner namely Kuppan, S/o.Varadhan, aged about 35 years, casual prisoner, Convict No.4754,
Central Prison, Puzhal.
For Petitioner : Mrs.S.Nadhiya 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 09.12.2024, insofar as it relates to extending escort during the period of leave.
2. The learned counsel for the petitioner submitted that the life convict's presence is necessary in his home to make livelihood arrangements for his mother and to repair his damaged house. The learned counsel further submitted that the life convict had returned back to prison without any adverse reports during his previous leave granted by this Court.
3. The learned Additional Public Prosecutor has produced the
particulars of the life convict dated 06.03.2025, wherein the details of the previous leave availed by the life convict shows that the leave was granted 'without escort' through order of this Court dated 28.06.2024. The learned Additional Public Prosecutor has also produced the report of the Probation Officer dated 20.11.2024, wherein he has clearly stated that the reasons assigned by the life convict for seeking leave are true.
4. In view of the favourable report of the Probation Officer, as well as the order of this Court dated 28.06.2024 passed in W.P.No.15314 of 2024, granting leave 'without escort' to the life convict, the order of the second respondent dated 09.12.2024 in No.370776/tha.ku.2/2024, insofar as it extends 'leave with escort', is modified to 'leave without escort'. All other conditions in the proceedings dated 09.12.2024 shall remain intact.
5. Accordingly, this Writ Petition stands allowed. Consequently, there shall be a direction to the respondents herein, to grant 28 days ordinary leave "without escort" to the petitioner/life convict namely Kuppan, S/o.Varadhan, aged about 35 years, Convict No.4754, now confined in Central Prison, Puzhal, commencing from 05.04.2025 to
02.05.2025, with a condition that the life convict shall report before the jurisdictional Police i.e. H6 R.K. Nagar 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 02.05.2025 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.] 28.03.2025 Index: Yes/No Speaking order/Non-speaking order Internet: Yes/No Sni Note: Issue Order Copy on 04.04.2025.
To 1.The Deputy Inspector General of Prisons, Gandhi Irwin Road, Egmore, Chennai - 600 008.
2.The Superintendent of Prisons, Central Prison-1, Puzhal, Chennai - 600 066.
3.The Inspector of Police, H6, R.K. Nagar Police Station, Chennai.
4.The Public Prosecutor, High Court, Madras.
M.S.RAMESH, J.
and N. SENTHILKUMAR, J.
Sni 28.03.2025