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Madras High CourtWP/6872/2024allowed

Sathiyapriya, v. The State Rep By Its,

2024-03-27Honourable Mr Justice M.S. Ramesh,Honourable Mr Justice Sunder Mohan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.03.2024 CORAM :

THE HON'BLE MR. JUSTICE M.S.RAMESH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN W.P.No.6872 of 2024 Sathiyapriya

...Petitioner/wife of the detenu

vs.

The State represented by its, 1.The Deputy Inspector General of Prisons, Coimbatore Range, Coimbatore - 641 018.

2.The Superintendent Central Prison, Coimbatore - 641 018.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the Impugned Order bearing No.4623/Tha.Ku.3/2024, dated: 01.03.2024, passed by the second respondent and quash the same and

consequently direct the first respondent to grant ordinary leave for 30 days without escort to the detenue, Ramakumar, S/o. Nagaraj, aged about 35 years, convict prisoner, bearing Convict No.18505, confined at Central Prison, Coimbatore.

For Petitioner ::

Mr.P.Bakiyaraj For Respondents ::

Mr.E.Raj Thilak Additional Public Prosecutor Assisted by Mr.C.Aravind

ORDER

(Order of the Court was made by M.S.RAMESH,J.) This writ petition has been filed to call for the records pertaining to the impugned order bearing No.4623/Tha.ku.3/2024, dated: 01.03.2024, passed by the second respondent and quash the same and consequently direct the first respondent to grant ordinary leave for 30 days without escort to the Convict Prisoner, Ramkumar, S/o.Nagaraj, aged about 35 years, bearing convict no.18505, confined at Central Prison, Coimbatore.

2. In the affidavit filed in support of the present writ petition,

it is stated that the leave is required for treatment of the petitioner and also for arranging financial assistance for livelihood of the Convict Prisoner's family.

3. Mr.E.Raj Thilak, the learned Additional Public Prosecutor produced the copy of the Probation Officer's report dated 26.03.2023, wherein, the Probation Officer has recommended for grant of leave to the Convict Prisoner with escort. The learned Additional Public Prosecutor further submitted that the Convict Prisoner is eligible for 28 days of ordinary leave.

4. Though the Probation Officer has recommended for grant of leave, the condition stated therein is that the leave could be granted with escort. However, no justification has been made in the report as to why the Convict Prisoner should be granted leave with escort.

5. In this background, we are of the considered view that if the

Convict Prisoner is directed to report before the Jurisdictional Police twice a week, the apprehension of the Probation Officer can be redressed.

6. Accordingly, we permit the petitioner's husband/Convict Prisoner viz., Ramkumar, S/o.Nagaraj, aged about 35 years, bearing convict no.18505, confined at Central Prison, Coimbatore, to avail Ordinary Leave for a period of 28 days without escort, on the following conditions. (i) Respondents are directed to release the Convict Prisoner viz., Ramkumar, S/o.Nagaraj, aged about 35 years, bearing convict no.18505, confined at Central Prison, Coimbatore, on Ordinary Leave for a period of 28 days i.e., from 01.04.2024 to 28.04.2024.

(ii) The Convict Prisoner shall be released on 01.04.2024 at 10.00 a.m. and surrender before the Superintendent of Prison, Central Prison Coimbatore, on 28.04.2024 at 05.30 p.m.

(iii) The Convict Prisoner is directed to report before the Tirumurugan Poondi Police Station, Tiruppur District, twice a week i.e., on every Monday and Thursday at 05.00 p.m., during the period of leave.

(iv) 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.

777.With the above directions, the writ petition stands allowed. Consequently, the connected miscellaneous petition is closed. (M.S.R.,J.) (S.M.,J.) 27.03.2024 dk Speaking / Non-Speaking Order Note to Registry:

1.Issue order copy by 28.03.2024.

2.Upload the order copy forthwith.

Copy to:- 1.The Deputy Inspector General of Prisons, Coimbatore Range, Coimbatore - 641 018.

2.The Superintendent Central Prison, Coimbatore - 641 018.

3. The Public Prosecutor, High Court, Madras.

M.S.RAMESH,J.

AND SUNDER MOHAN,J.

dk W.M.P.No.6467 of 2024 27.03.2024