Vinoth Kumar v. The Deputy Inspector General Of Prisons
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.04.2024 CORAM :
THE HONOURABLE MR. JUSTICE M.S.RAMESH AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN Vinoth Kumar
...Petitioner/son of the detenue
vs.
1.The Deputy Inspector General of Prisons, Chennai Range, Prison and Correctional Service, Prison Head Quarters, Egmore, Chennai-600 008.
2.The Superintendent of Prisons, Central Prison-1, Puzhal, Chennai-600066.
...Respondents
Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, to direct the respondents to grant 21 days of ordinary leave by considering the representation dated 23.02.2024 of the petitioner's father namely Perumal, S/o.Veerasamy, aged
about 50 years, Convict Prisoner, Central Prison-1, Puzhal, Chennai-66. For Petitioner :
Ms.S.Nadhiya 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 direct the respondents to grant ordinary leave for 21 days, to the petitioner's father / detenue viz., Perumal, S/o.Veerasamy, aged about 50 years, confined at Central Prison-1, Puzhal, Chennai-66.
2.Heard the learned counsel on either side and perused the documents.
3. On the grounds that petitioner's son is expected to get married in a couple of months and necessary arrangements for the wedding has to be
made by the father of the petitioner, and that, the petitioner's mother has certain medical ailments, the petitioner herein seeks for grant of ordinary leave for a period of 21 days.
4.The Probation Officer, in his report dated 25.03.2024 has confirmed that the petitioner's son is going to get married in a couple of months and has accordingly recommended for grant of leave.
5. In view of the favourable recommendation of the Probation Officer, we are inclined to invoke our powers under Article 226 of the Constitution of India, thereby granting required leave to the petitioner herein. 6.At this juncture, learned Additional Public Prosecutor submitted that the petitioner is otherwise eligible to avail 21 days of ordinary leave.
7. Accordingly, the convict prisoner viz., Perumal, S/o.Veerasamy, aged about 50 years, confined at Central Prison-1, Puzhal, Chennai-66, is hereby granted ordinary leave for a period of 21 days, without escort
commencing from 04.04.2024 on the following conditions. (i) Respondents are directed to release the Convict Prisoner viz., Perumal, S/o.Veerasamy, on Ordinary Leave for a period of 21 days i.e., from 04.04.2024 to 24.04.2024. (ii) The Convict Prisoner shall be released on 04.04.2024 at 10.00 am and surrender before the Superintendent of Prison-1, Puzhal, Chennai on 24.04.2024 at 05.30 p.m.
(iii) The Convict Prisoner is directed to report before the Inspector of Police, T-12 Poonamallee Police Station, Avadi Commissionerate, twice a week i.e., on every Monday and Thursday at 05.00 pm, 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.
8. Accordingly, the writ petition stands allowed. (M.S.R.,J.) (S.M.,J.) 01.04.2024 Note to Registry:
1.Issue order copy by 03.04.2024.
2.Upload the order copy forthwith.
Anu To 1.The Deputy Inspector General of Prisons, Chennai Range, Prison and Correctional Service, Prison Head Quarters, Egmore, Chennai-600 008.
2.The Superintendent of Prisons, Central Prison-1, Puzhal, Chennai-600066.
M.S.RAMESH, J and SUNDER MOHAN, J Anu 4.The Inspector of Police, T-12, Poonamallee Police Station, Avadi Commissionerate.
5.The Public Prosecutor, High Court, Madras.
01.04.2024