Suveetha v. The Superintendent Of Prisons

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.03.2025 CORAM :

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

...Petitioner/ wife of the detenue

Vs.

The Superintendent of Prisons, Central prison, Coimbatore-641 018 ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the respondent to consider the representation of the petitioner dated 26.02.2025 and 01.03.2025 to grant 6 days leave to the petitioner's husband namely Uvaraj, son of Subramani, aged 45 years, Ct.No.23508, (PID.125449), now confined at Central prison, Coimbatore.

For Petitioner : Mr.P.Pugalenthi 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 to direct the respondent to consider the representations of the petitioner dated 26.02.2025 and 01.03.2025, to grant 6 days leave to the petitioner's husband namely Uvaraj, son of Subramani, aged 45 years, Ct.No.23508, (PID.No.125449), who is now confined at Central prison, Coimbatore.

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

3. The petitioner herein seeks for grant of 6 days of leave for her husband, without escort, on the ground that her younger daughter has attained age and her puberty ceremony is scheduled to be held on 12.03.2025, for which she requires the presence of her husband to make arrangements for the same.

4.The learned Additional Public Prosecutor produced a copy of the

Probation Officer's report dated 08.03.2025, in which, the Probation Officer has recommended for grant of leave as the reasons assigned by the petitioner is said to be true.

5. Considering the fact that the Probation Officer has recommended for grant of leave, we are inclined to grant leave for a period of 2 days, with minimum escort, in exercise of our powers under Article 226 of the Constitution of India.

6. Accordingly, the detenue viz., Uvaraj, son of Subramani, aged 45 years, Ct.No.23508, (PID.o.125449), is hereby granted leave for a period of 2 days, with minimum escort, commencing from 10.00 am on 11.03.2025 to 5 pm of 12.03.2025. On expiry of the leave, the detenu shall surrender before the prison authorities. The respondent is directed to provide minimum escort of two police constables to the convict from the Central Prison from the time he leaves the prison and till such time he is taken back to the prison.

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] 10.03.2025 Index: Yes/No Speaking/Non-speaking order Internet: Yes/No Anu Note: Issue Order Copy on 10.03.2025 Upload the order copy forthwith To 1.The Superintendent of Prisons, Central prison, Coimbatore-641 018 2.The Public Prosecutor, High Court, Madras.