Soundari v. The State Rep By Its

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 Soundari ... Petitioner Vs.

The State represented by its 1.The Secretary to Government of Tamil Nadu Home (Prison-IV) Department Fort St. George Chennai 600 009 2.The Deputy Inspector General of Prisons Coimbatore Range Central Prison Coimbatore 641 018 3.The Superintendent 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 respondents to grant ordinary leave of 30 days without escort to the detenu,

Narayanasamy, S/o.Nataraj, aged about 69 years, Convict No.25276, confined at Central Prison, Coimbatore.

For Petitioner : Dr.S.Manoharan 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 Writ of Mandamus, directing the respondents to grant ordinary leave of 30 days without escort to the detenu, Narayanasamy, S/o.Nataraj, aged about 69 years, Convict No.25276, confined at Central Prison, Coimbatore.

2. Learned counsel for the petitioner submitted that the petitioner is the wife of the life convict, a representation was sent to the respondents dated 25.01.2025 seeking 30 days ordinary leave to her husband, as he is suffering from mental illness for years and there is no improvement in his health. The convict prisoner is also suffering from ear problem. Hence, a representation dated 25.01.2025 was sent to the

respondents through registered post for grant of ordinary leave, which was considered by the jail authorities with escort. Hence the petitioner is before this Court with the above petition.

3. Learned Additional Public Prosecutor submitted that the petitioner's representation was considered by the Deputy Inspector General of Prisons, Coimbatore Range, Coimbatore, vide order No.174/AA2/2025, dated 17.03.2025 for 21 days of ordinary leave with escort. Since the leave was granted with escort, the prisoner was not willing to go on leave with escort. Accordingly, prays for appropriate orders.

4. Since the Deputy Inspector General of Prisons, Coimbatore Range, Coimbatore, vide order No.174/AA2/2025, dated 17.03.2025 has already granted 21 days of ordinary leave, and also considering the age of the petitioner, this Court is inclined to confirm the leave, but without escort.

5. This Writ Petition stands allowed accordingly. There shall be a direction to the respondents herein, to grant 21 days ordinary leave "without escort" to the life convict viz. Narayanasamy, S/o.Nataraj, (Convict No.25276), confined at Central Prison, Coimbatore, commencing from 02.05.2025 to 22.05.2025, with a condition that the life convict shall report before the Saravanampatti Police Station, Coimbatore, daily at 10.30 a.m. After expiry of the Ordinary Leave, the life convict shall surrender before the Jail Authorities on 23.05.2025 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.

[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 Secretary to Government of Tamil Nadu Home (Prison-IV) Department Fort St. George Chennai 600 009 2.The Deputy Inspector General of Prisons Coimbatore Range Central Prison Coimbatore 641 018 3.The Superintendent Central Prison Coimbatore 641 018 4.The Public Prosecutor High Court of Madras Chennai

M.S.RAMESH, J.

and N.SENTHILKUMAR, J.

kas 25.04.2025