P.V.Reddy v. The State Rep By Its
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 P.V.Reddy ... Petitioner/detenue Vs.
1.The State rep. by its, The Home Secretary to Government, Prison Department, Secretariat, Chennai-009.
2.The Director General of Prison, No.02, Whannels Road, Egmore, Chennai-600 008.
3.The Superintendent of Prison, Central Prison at Puzhal-I, Thiruvallur District-066.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, to direct the respondents to grant 30 days of ordinary leave without escort to the petitioner/Convict Prisoner namely Mr.P.V.Reddy, S/o.Venkata Reddy, who is confined
under third respondent by considering the petitioner's wife representation dated 26.02.2024.
For Petitioner : Mr.M.Mohamed Saifulla 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 30 days, without escort, to the petitioner / detenue viz., P.V.Reddy, S/o.Venkata Reddy, confined at Central Prison, Puzhal-I, Thiruvallur District.
2.Heard the learned counsel on either side and perused the documents.
3. The petitioner herein seeks for grant of ordinary leave for a period of 30 days on the grounds that his wife is suffering from myocardial infraction and requires the petitioner's presence to make
arrangements for medical expenses and that the petitioner's house is in a dilapidated condition and it requires repair. 4.The Probation Officer, in his report dated 21.03.2024 has confirmed that the reasons assigned by the petitioner in his representation dated 26.02.2024, and has accordingly recommended for grant of leave.
5. Though the petitioner is ineligible for seeking leave since he has not completed one year, in view of the report of the Probation Officer, since it has recommended on the ground that the prisoner's wife is suffering from myocardial infraction, we are inclined to grand emergency leave for a period of 10 days in exercise of our powers under Article 226 of the Constitution of India.
6. Accordingly, the petitioner / detenue viz., P.V.Reddy, S/o.Venkata Reddy, confined at Central Prison, Puzhal-I, Thiruvallur District, is hereby granted emergency leave for a period of 10 days, commencing from 10.00 am on 03.04.2024 to 5 pm of 12.04.2024. On expiry of the emergency leave without escort, the detenu shall surrender before the
prison authorities. During the period of this emergency leave, the petitioner shall report before the Inspector of Police, Nellore Three Town Police Station, Nellore District twice a week at 10.30 am.
7. With the above directions, the Writ Petition stands ordered. No costs.
[M.S.R., J] [S.M., J] 01.04.2024 Index: Yes/No Speaking/Non-speaking order Internet: Yes/No Anu Note: Issue Order Copy on 02.04.2024.
To The Home Secretary to Government, Prison Department, Secretariat, Chennai-009.
2.The Director General of Prison, No.02, Whannels Road, Egmore, Chennai-600 008.
3.The Superintendent of Prison, Central Prison at Puzhal-I, Thiruvallur District-066.
4.The Inspector of Police, Nellore Three Town Police Station, Nellore District.
5.The Public Prosecutor, High Court, Madras.
M.S.RAMESH, J.
and SUNDER MOHAN, J.
Anu 01.04.2024