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Madras High CourtWP/9242/2025allowed

Antony John Paul v. The State Rep By Its

2025-04-25Honourable Mr Justice M.S. Ramesh,Honourable Mr.Justice N.Senthilkumar6 pages

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 Antony John Paul S/o.Magimai Nathan, Life Convict Prisoner Ct No.1561, Confining At Central Prison Vellore, Thorapadi, Vellore-2 Petitioner(s) Vs

1. The State Rep By Its The Deputy Inspector General Of Prison, Office Of Deputy Inspector General Of Prison, Vellore Range, Ramset Nagar, Thorapdi, Vellore-2 2.The Superintendent Of Prison Central Prison At Vellore, Ramset Nagar, Thorapadi, Vellore-2 Respondent(s)

PRAYER direction to the respondents to grant 28 days Ordinary leave without escort to the petitioner/convict namely Mr.Antony John Paul S/o.Magimai Nathan (CT No.1561)by considering petitioner's representation dated 20.8.2024 and 27.11.2024 For Petitioner(s):

Mr.M.Mohamed Saifulla 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 grant 28 days Ordinary leave without escort to the petitioner/convict namely Antony John Paul S/o.Magimai Nathan (CT No.1561)by considering petitioner's representation dated 20.8.2024 and 27.11.2024.

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

3. The petitioner herein seeks for grant of 28 days of ordinary leave without escort, on the ground that one portion of his house has been dilapidated condition and he has to make an arrangement for repairing the same and for making arrangements for the livelihood of their family as he is a sole responsible person to take care of his family. Further, the convict has undergone 12 years, 2 months and 18 days of imprisonment.

4.The learned Additional Public Prosecutor produced a copy of the Probation Officer's report dated 17.12.2024, 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 28 days in exercise of our powers under Article 226 of the Constitution of India.

6. Accordingly, the convict viz., Anthony John Paul S/o.Magimai Nathan, aged about 40 years, Convict No.1561, confined at Central Prison, Vellore, is hereby granted ordinary leave for a period of 28 days, without escort, commencing from 10.00 am on 02.05.2025 to 05.00 p.m of 29.05.2025. 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, Kandhikuppam 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. (M.S.RAMESH J.) (N.SENTHILKUMAR J.) 25-04-2025 ASI Note: Issue order copy on or before 30.04.2025

To 1.The State Rep By Its The Deputy Inspector General Of Prison, Office Of Deputy Inspector General Of Prison, Vellore Range, Ramset Nagar, Thorapdi, Vellore-2 2.The Superintendent Of Prison Central Prison At Vellore, Ramset Nagar, Thorapadi, Vellore-2.

3. The Inspector of Police, Kandhikuppam Police Station, Vellore.

M.S.RAMESH J.

AND N.SENTHILKUMAR J.

ASI 25-04-2025