Parameshwari v. The State Rep By Represented By Its

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 PARAMESHWARI

...Petitioner/ wife of the detenue

Vs.

1. The State Rep By Represented By Its The Deputy Inspector General Of Prison, Coimbatore Range, Coimbatore 641 018 2.The Superintendent Central Prison, Salem 636 008 ... 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 emergency leave of 15 days, without escort to the detenue, Kanivalavan, S/o.Muthupaiyan, aged 42 years, CT No. 1026, PID No. 468573, confined at Central Prison, Salem.

For Petitioner : Ms.K.Akshaya 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 emergency leave of 15 days, without escort to the detenue, Kanivalavan, S/o.Muthupaiyan, aged 42 years, CT No. 1026, PID No. 468573, confined at Central Prison, Salem.

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

3. The petitioner herein seeks for grant of 15 days of emergency leave, without escort, on the ground that the petitioner has certain medical ailments and her younger son is suffering from intermittent neck pain and require the presence of the detenue for arranging funds for the treatment and to make arrangements for the livelihood of their family.

Further, the detenue has undergone 2 years, 9 months and 26 days of imprisonment.

4.The learned Additional Public Prosecutor produced a copy of the Probation Officer's report dated 26.03.2025, 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 availed leave only 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., Kanivalavan, S/o.Muthupaiyan, aged 42 years, CT No. 1026, PID No. 468573, confined at Central Prison, Salem, 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, Mettur 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.

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 Deputy Inspector General Of Prison, Coimbatore Range, Coimbatore 641 018 2.The Superintendent Central Prison, Salem 636 008

3.The Inspector of Police, Mettur police Station.

4.The Public Prosecutor, High Court, Madras.

M.S.RAMESH, J.

and N.SENTHILKUMAR, J.

Anu 28.03.2025