Karthick v. The Government Of Tamilnadu

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 KARTHICK

...Petitioner/ the detenue

Vs.

1. The Government Of Tamilnadu Rep. By Its Secretary To Government, Home (prison IV) Department, Fort St. George, Chennai 9 2.The Additional Director General Of Prisons Thalamuthu Natarajan Maaligai, 2nd Floor, Gandhi Irwin Road, Egmore Chennai 8 3.The Superintendent Of Central Prison I, PUZHAL 4.The State Represented By Inspector Of Police, J-I, Saidapet Police Staion, (law And Order), Chennai 15 (crime No 1083 Of 2018) ... 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 leave without escort for least 21 days of the petitioner, Life Convict No. 9763 (PID 124063) detained at Central Prison -I, Puzhal. For Petitioner : Ms.M.Udayavani 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 leave, without escort for least 21 days of the petitioner, Life Convict No. 9763 (PID 124063) detained at Central Prison -I, Puzhal.

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's mother has certain medical ailments and the doctor has advised her to undergo eye

surgery and requires the presence of the petitioner for arranging funds for the same and to make arrangements for the educational expenses for his two children. Further, the detenue has undergone 2 years 3 months and 20 days of imprisonment.

4.The learned Additional Public Prosecutor produced a copy of the Probation Officer's report dated 28.03.2025, in which, the Probation Officer has not recommended for grant of leave since the reasons assigned by the petitioner is said to be false.

5. Although the Probation Officer has not recommend for grant of leave, considering the fact that the convict prisoner has not availed leave even once, we are inclined to grant emergency leave for a period of 6 days in exercise of our powers under Article 226 of the Constitution of India.

6. Accordingly, the detenue viz., Karthick, S/o.Nakkeeran, Convict No. 9763 (PID 124063) detained at Central Prison -I, Puzhal, is hereby granted emergency leave for a period of 6 days, without escort,

commencing from 10.00 am on 05.04.2025 to 5 pm of 10.04.2025. 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, Kundrathur police Station, Kancheepuram District, 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.

7. Accordingly, the Writ Petition stands allowed. No costs. [M.S.R., J] [N.S., J] 28.03.2025 Index: Yes/No Speaking/Non-speaking order Internet: Yes/No Anu Note: Issue Order Copy on 04.04.2025 Upload the order copy forthwith

To

1. The Secretary To Government, Home (prison IV) Department, Fort St. George, Chennai 9 2.The Additional Director General Of Prisons Thalamuthu Natarajan Maaligai, 2nd Floor, Gandhi Irwin Road, Egmore Chennai 8 3.The Superintendent Of Central Prison I, PUZHAL 4.The Inspector Of Police, J-I, Saidapet Police Staion, (law And Order), Chennai 15 5.The Inspector of Police, Kundrathur police Station, Kancheepuram District 6.The Public Prosecutor, High Court, Madras.

M.S.RAMESH, J.

and N.SENTHILKUMAR, J.

Anu 28.03.2025