M.Stalin v. The Deputy Inspector General Of Prisons
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 M.Stalin ... Petitioner Vs.
1.The Deputy Inspector General of Prisons Chennai Range Prison Head Quarters Whannels 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 connected with impugned order vide reference No.710289 / Tha.Ku.2/2025, dated 20.02.2025 passed by the second respondents against the representation made on 31.01.2025 and quash the same and directing the respondents to grant ordinary leave for 21 days without
escort to the detenu, Mr.M.Stalin, S/o.Mr.Malarmannan, Hindu, aged about 47 years, Convict No.8479, confined at Central Prison - I, Puzhal, Chennai 600 066.
For Petitioner : Mr.N.Vishnuvardhan 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 Certiorarified Mandamus, calling for the records connected with impugned order vide reference No.710289 / Tha.Ku.2/2025, dated 20.02.2025 passed by the second respondents against the representation made on 31.01.2025 and quash the same and directing the respondents to grant ordinary leave for 21 days without escort to the detenu, Mr.M.Stalin, S/o.Mr.Malarmannan, Hindu, aged about 47 years, Convict No.8479, confined at Central Prison - I, Puzhal, Chennai 600 066.
2. Learned counsel for the petitioner submitted that the petitioner has sent a representation to the respondents on 31.01.2025 seeking for 21
days ordinary leave, as his mother is suffering from from chronical heart disease and immediate intensive treatment is required. Hence, a representation dated 25.01.2025 was sent to the respondents, which was considered by them with escort. Hence the petitioner is before this Court with the above petition to quash the proceedings issued.
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.128/CA.1/2025, dated 31.01.2025 for 21 days of ordinary leave with police escort. Since the leave was granted with escort, the above petition came to be filed seeking for grant of ordinary leave without escort.
4. Since the Deputy Inspector General of Prisons and Correctional Services, Chennai Range, vide order No.128/CA.1/2025, dated 31.01.2025, has granted 21 days of ordinary leave with police escort, the same 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. M.Staling, S/o.Malarmannan, (Convict No.8479), commencing from 02.05.2025 to 22.05.2025, with a condition that the life convict shall report before N-3, Muthialpet 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.
[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 Prisons Chennai Range Prison Head Quarters Whannels Road, Egmore Chennai 600 008 2.The Superintendent of Prisons Central Prison - 1 Puzhal, Chennai 600 066 3.The Public Prosecutor High Court of Madras Chennai
4. The Inspector of Police, N-3, Muthialpet Police Station, Chennai.
M.S.RAMESH, J.
and N.SENTHILKUMAR, J.
kas
25.04.2025