Selvaraj v. The State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.03.2025 CORAM :

THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR SELVARAJ

...Petitioner/ the detenue

Vs.

1. The State Rep By Its The Deputy Inspector General Of Range, Coimbatore Range, Gandhipuram Coimbatore 641 012 2.The Superintendent Of Prison Central Prison At Salem, Hasthampatti, Salem 636 007.

... 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 21 days leave, without escort to the petitioner / Convict namely Mr. Selvaraj, S/o Ramasamy.

For Petitioner : Mr.M.Mohamed Saifulla For Respondent : Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.M.Sylvester John

ORDER

M.S.RAMESH, J.

and N.SENTHILKUMAR, J.

This writ petition has been filed to direct the respondents to grant 21 days leave, without escort to the petitioner / Convict namely Mr. Selvaraj, S/o Ramasamy.

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

3. The petitioner herein seeks for grant of 21 days of ordinary leave, without escort, on the ground that the petitioner / convict prisoner's house is in a dilapidated condition and requires renovation and to make arrangements for a suitable bridegroom for the petitioner's daughter. Further, the detenue has undergone 03 years, 5 months and 12 days of imprisonment.

4.The learned Additional Public Prosecutor produced a copy of the Probation Officer's report dated 24.03.2025, in which, the Probation Officer has recommended for grant of leave as the reasons assigned by

the petitioner is said to be true. He would submit that the prisoner is eligible for 21 days of ordinary leave.

5. Considering the fact that the Probation Officer has recommended for grant of leave and that the convict prisoner has not availed leave even once, we are inclined to grant ordinary leave for a period of 21 days in exercise of our powers under Article 226 of the Constitution of India.

6. Accordingly, the detenue viz., Selvaraj, S/o Ramasamy, is hereby granted ordinary leave for a period of 21 days, without escort, commencing from 10.00 am on 02.04.2025 to 5 pm of 22.04.2025. On expiry of the ordinary leave, the detenu shall surrender before the prison authorities. During the period of leave, the prisoner shall report before the Inspector of Police, Molasi Police Station, daily at 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.

M.S.RAMESH, J.

and N.SENTHILKUMAR, J.

Anu

7. Accordingly, the Writ Petition stands allowed. No costs. [M.S.R., J] [N.S., J] 24.03.2025 Index: Yes/No Speaking/Non-speaking order Internet: Yes/No Anu Note: Issue Order Copy on 01.04.2025 Upload the order copy forthwith To 1.The Deputy Inspector General Of Range, Coimbatore Range, Gandhipuram Coimbatore 641 012 2.The Superintendent Of Prison Central Prison At Salem, Hasthampatti, Salem 636 007.

3.The Public Prosecutor, High Court, Madras.