Iyappan v. The State Rep By Its The Deputy Inspector General Of Prison
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.04.2025 CORAM :
THE HONOURABLE MR. JUSTICE M.S.RAMESH and THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR and W.M.P.No.8255 of 2025 Iyappan ... Petitioner Vs.
The State represented by its 1.The Deputy Inspector General of Prison Gandhi Irwin Road, Chennai Range, 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, to call for the records pertaining to the impugned order bearing No.519740/Tha.Ku 2/2025, dated 12.02.2025, passed by the 2nd respondent and quash the same and consequently directing the 1st respondent to grant 21 days of ordinary leave without escort to the detenu, Iyappan, S/o.Chellan, aged
about 45 years, Convict Prisoner, convict No.8272, and PID No.4179 confined at Central Prison, Puzhal-1.
For Petitioner : Mr.S.Pandiyan For Respondents : 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 for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order bearing No.519740/Tha.Ku 2/2025, dated 12.02.2025, passed by the 2nd respondent and quash the same and consequently directing the 1st respondent to grant 21 days of ordinary leave without escort to the detenu, Iyappan, S/o.Chellan, aged about 45 years, Convict Prisoner, convict No.8272, and PID No.4179 confined at Central Prison, Puzhal-1.
2. Learned counsel for the petitioner submitted that the Deputy Inspector General of Prisons and Correctional Services, Chennai Range, vide order No.127/CA.1/2025 dated 30.01.2025 has granted 28 days
ordinary leave to the convict prisoner with police escort. The present petition is filed to quash the said proceedings and direct the respondents to grant ordinary leave without any police escort.
3. Learned Additional Public Prosecutor submitted that the petitioner's representation was considered by the Deputy Inspector General of Prisons and Correctional Services, Chennai Range, vide order No.127/CA.1/2025 dated 30.01.2025 for 21 days of ordinary leave with escort. Since the leave was granted with escort, the prisoner was not willing to go on leave with escort. Accordingly, prays for appropriate orders.
4. The Deputy Inspector General of Prisons and Correctional Services, Chennai Range, vide order No.127/CA.1/2025 dated 30.01.2025 has granted 21 days of ordinary leave with police escort, which is hereby quashed.
5. This Writ Petition stands allowed accordingly. There shall be a
direction to the respondents herein, to grant 21 days ordinary leave "without escort" to the life convict viz. Iyappan, S/o.Chellam, (Convict No.8272), commencing from 02.05.2025 to 22.05.2025, with a condition that the life convict shall report before the Tiruvottiyur Police Station, Chennai, daily at 10.30 a.m. After expiry of the Ordinary Leave, the life convict shall surrender before the Jail Authorities on 23.05.2025 before 10.00 a.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. Consequently, connected miscellaneous petition is closed. [M.S.R, J.] [N.S, J.] 25.04.2025 kas Index : Yes / No Note: Issue Order Copy on 30.04.2025 To.
1.The Deputy Inspector General of Prison Gandhi Irwin Road, Chennai Range, Egmore Chennai 600 008 2.The Superintendent Puzhal Central Prison -1 Puzhal 600 066 3.The Public Prosecutor High Court of Madras Chennai.
4. The Inspector of Police, Tiruvottiyur Police Station, Chennai.
M.S.RAMESH, J.
and N.SENTHILKUMAR, J.
kas and W.M.P.No.8255 of 2025 25.04.2025