Amudha v. The Home Secretary

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 AMUDHA W/o.Lakshmanan, Res.At No.4/30, North Street, Rettiarpuram, South Veeravanallur, Tirunelveli District Petitioner(s) Vs

1. The Home Secretary Home Department(prison) Secretariat, Fort St.George, Chennai-600 009 2.The Deputy Inspector General Of Prisons Madurai Range, Madurai-625001 3.The Superintendent Of Prison Central Prison, Palayamkottai-627 007 Respondent(s)

PRAYER Calling for the records relating to the proceedings in No.4687Thaku 2/2024 by the 3rd respondent dated 19.2.2025 and quash the same and direct the 3rd respondent to grant 28 days ordinary leave without escort to the petitioners brother A.Anburaj, S/o.Ramaiya Nadar, Convict No.4687, PID No.286940, who is currently lodged in Central prison, Palayamkottai. For Petitioner : M/s.P.M.Basil 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 call for the records relating to the proceedings in No.4687Thaku 2/2024 by the 3rd respondent dated 19.2.2025 and quash the same and direct the third respondent to grant 28 days ordinary leave without escort to the petitioners brother A.Anburaj, S/o.Ramaiya Nadar, Convict NO.4687,PID No.286940, who is currently lodged in Central prison, Palayamkottai.6, confined at Central Prison, Puzhal.

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

3. The petitioner herein seeks for grant of 28 days of ordinary leave for her brother, without escort, to facilitate the sale of his property and provide financial assistance to his sons for starting a business. Further, the convict has undergone 4 years, 5 months and 6 days of imprisonment. 4.The learned Additional Public Prosecutor produced a copy of the Probation Officer's report dated 21.03.2025, 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 ordinary leave for a period of 21 days in exercise of our powers under Article 226 of the Constitution of India.

6. Accordingly, the convict viz., Anburaj S/o.Ramaiya Nadar, bearing Convict No.4687 and PID No.286940, confined at Central Prison, Palayamkottai, is hereby granted ordinary leave for a period of 21 days, without escort, commencing from 10.00 am on 02.05.2025 to 05.00 p.m of 22.05.2025. On expiry of the leave, the convict shall surrender before the prison authorities. During the period of leave, the prisoner shall report before the Inspector of Police, Veeravanallur 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 disposed of. No costs. (M.S.RAMESH J.)(N.SENTHILKUMAR J.) 25-04-2025 ASI Note: Issue order copy on or before 30.04.2025 To 1.The Home Secretary Home Department(prison) Secretariat, Fort St.George, Chennai-600 009 2.The Deputy Inspector General Of Prisons Madurai Range, Madurai-625001 3.The Superintendent Of Prison Central Prison, Palayamkottai-627 007.

4. The Inspector of Police, Veeravanallur Police Station.

M.S.RAMESH J.

AND N.SENTHILKUMAR J.

ASI 25-04-2025