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Madras High CourtWP/8818/2025allowed

Geetha v. The State Rep By Its

2025-04-25Honourable Mr Justice M.S. Ramesh,Honourable Mr.Justice N.Senthilkumar6 pages

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.9889 of 2025 Geetha ... Petitioner Vs.

1.The State represented by its The Deputy Inspector General of Prison Gandhi Irwin Road, Egmore Chennai 600 008 2.The Superintendent Puzhal Central Prison - I 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, calling for the records connected with impugned order dated 03.01.2025 in proceedings No.484841/Thaku2/2024 passed by the second respondent and quash the same and directing the respondents to grant ordinary leave for 30 days without escort to the detenu, Veera, S/o.Raghu, aged about 38

years, bearing convict No.4963 (PID No.34338) confined at Central Prison - I, Puzhal.

For Petitioner : M/s.S.Sadhana 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 dated 03.01.2025 in proceedings No.484841/Thaku2/2024 passed by the second respondent and quash the same and directing the respondents to grant ordinary leave for 30 days without escort to the detenu, Veera, S/o.Raghu, aged about 38 years, bearing convict No.4963 (PID No.34338) confined at Central Prison - I, Puzhal.

2. Learned counsel for the petitioner submitted that the petitioner has sent a representation to the respondents on 06.11.2024 seeking for 30 days ordinary leave, as the petitioner is having uterus problem and money has to be arranged for her treatment and for the day to day

expenses. Hence, a representation 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.1345/CA.1/2024, dated 20.12.2024 and the convict prisoner was granted 28 days 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.1345/CA.1/2024, dated 20.12.2024 has granted 28 days ordinary leave with police escort, the same is hereby quashed.

5. This Writ Petition stands allowed. There shall be a direction to

the respondents herein, to grant 28 days ordinary leave "without escort" to the life convict viz. Veera, S/o.Raghu, (Convict No.4963), commencing from 02.05.2025 to 29.05.2025, with a condition that the life convict shall report before H4, Korukkupet 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 30.05.2025 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, Egmore Chennai 600 008 2.The Superintendent

Puzhal Central Prison - I Puzhal 600 066 3.The Public Prosecutor High Court of Madras Chennai M.S.RAMESH, J.

and

N.SENTHILKUMAR, J.

kas and W.M.P.No.9889 of 2025 25.04.2025