Maboobi v. The Deputy Inspector General Of Prisons

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 MABOOBI W/o Syed Kamarudeen No 31, Thiruvika Nagar 6th Street Puliyanthope, Chennai 600 012 Petitioner(s) Vs

1. The Deputy Inspector General Of Prisons Chennai Range, Egmore, Chennai 08 2.The Superintendent Of Prisons Central Prison -1 Puzhal, Chennai 600 066 Respondent(s)

PRAYER Directing the respondent to grant 21 days ordinary leave by without escort to the petitioners brother namely Jalaludhin s/o Basurudeen aged about 45 years Convict No. 8426 Convict Prisoner, Central Prison, Puzhal For Petitioner(s):

Ms. S.Nadhiya For Respondent(s):

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 direct the respondents to grant ordinary leave of 21 days, without escort to the convict, Jalaludhin, S/o. Basurudeen, aged about 45 years, Convict No.8426, confined at Central Prison, Puzhal.

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

3. 3. The petitioner herein seeks for grant of 21 days of ordinary leave for her brother, without escort, on the ground that the mother of the convict has certain medical ailments and she requires the presence of her son for arranging funds for the treatment and for making arrangements for the livelihood of their family. Further, the detenue has undergone 4 years, 2 months and 6 days of imprisonment.

4.The learned Additional Public Prosecutor produced a copy of the Probation Officer's report dated 20.02.2025, 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., Jalaludhin S/o.Basurudeen aged about 45 years, Convict No.8426, confined at Central Prison, Puzhal Chennai, 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, P-1, Puliyanthope Police Station, Chennai, 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. (M.S.RAMESH J.)(N.SENTHILKUMAR J.) 25-04-2025 ASI Note: Issue order copy on or before 30.04.2025 To 1.The Deputy Inspector General Of Prisons Chennai Range, Egmore, Chennai - 08 2.The Superintendent Of Prisons Central Prison -1 Puzhal, Chennai 600 066.

3. The Inspector of Police, P-1, Puliyanthope Police Station, Chennai,

M.S.RAMESH J.

AND N.SENTHILKUMAR J.

ASI 25-04-2025