A.Suresh v. The Deputy Inspector General Of Prisons,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.06.2025 CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE and W.M.P.No.9825 of 2025 A.Suresh
...Petitioner/ brother of the detenue
Vs.
The State represented by its, 1.The Deputy Inspector General of Prison, Prisons and Correctional Service, Vellore Range, Vellore-632 002.
2.The Superintendent of Prisons, Central prison, Cuddaore-4.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, to call for the records No.638848/Tha.Ku 2/2025 dated 21.02.2025 passed by the respondent No.2, and quash the same and consequently, direct the respondents to grant 21 days ordinary leave to the petitioner's brother Veeran, S/o.Arumugam, aged 43 years, Convict Prisoner No.15970, PID No.38485, now confined at Central Prison, Cuddalore.
For Petitioner : Mr.P.Pugalenthi For Respondent : Mr.E.Raj Thilak Additional Public Prosecutor
ORDER
M.S.RAMESH, J.
and , J.
This writ petition has been filed to call for the records No.638848/Tha.Ku 2/2025 dated 21.02.2025 passed by the respondent No.2, and quash the same and consequently, direct the respondents to grant 21 days ordinary leave to the petitioner's brother Veeran, S/o.Arumugam, aged 43 years, Convict Prisoner No.15970, PID No.38485, now confined at Central Prison, Cuddalore.
2. Heard the learned counsel on either side and perused the documents.
3. The petitioner herein seeks for grant of 21 days of ordinary leave for his brother, without escort, on the ground that the detenue's old log house has been affected by rain and is leaking during rainy reasons,
which required to be renovated. Further, the detenue has undergone 8 years, 9 months and 15 days of imprisonment.
4.The learned Additional Public Prosecutor produced a copy of the Probation Officer's report dated 30.04.2025, in which, the Probation Officer has not recommended for grant of leave as the reasons assigned by the petitioner is said to be untrue. However, he would submit that the prisoner is eligible for 28 days of ordinary leave.
5. Although the Probation Officer has not recommended for grant of leave, considering that the prisoner has undergone imprisonment for 8 years, we are inclined to grant ordinary leave for a period of 28 days in exercise of our powers under Article 226 of the Constitution of India.
6. Accordingly, the detenue viz., Veeran, S/o.Arumugam, aged 43 years, Convict Prisoner No.15970, PID No.38485, now confined at Central Prison, Cuddalore, is hereby granted ordinary leave for a period of 28 days, without escort, commencing from 10.00 am on 13.06.2025 to 5 pm of 10.07.2025. On expiry of the ordinary leave, the detenu shall
surrender before the prison authorities. During the period of leave, the prisoner shall report before the Inspector of Police, Virudhachalam 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 allowed. No costs. Consequently, connected miscellaneous petition is closed. [M.S.R., J] [V.L.N., J] 06.06.2025 Index: Yes/No Speaking/Non-speaking order Internet: Yes/No Anu Note: Issue Order Copy on 12.06.2025 Upload the order copy forthwith To 1.The Deputy Inspector General of Prison, Prisons and Correctional Service, Vellore Range, Vellore-632 002.
2.The Superintendent of Prisons, Central prison, Cuddaore-4.
3.The Inspector of Police, Virudhachalam Police Station.
4.The Public Prosecutor, High Court, Madras.
M.S.RAMESH, J.
and , J.
Anu and W.M.P.No.9825 of 2025 06.06.2025