Mathankumar.K v. 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 Mathankumar.K S/o. A.G.Kumar,Chitra Water Thottam, Vasantham Nagar Extension, Kovilvali, Muthanampalayam Po, Tiruppur -641 606, Tiruppur District.
Petitioner(s) Vs
1. Inspector General Of Prisons Office Of Inspector General Of Prisons(HQrs), Whannels Road, Egmore, Chennai -600 008.
2.Deputy Inspector General Of Prisons, Coimbatore Range, Gandhipuram, Coimbatore -641 606, Coimbatore District.
3.The Superintendnet Of Prison, Central Prison, Coimbatore -641 606, Coimbatore District.
Respondent(s)
PRAYER Directing the respondents to consider the Petitioners representation dated 21.02.2025 and grant leave without escort for 90 days to the Petitioners father, detenue, namely A.G. Kumar, son of Gurusamy, Convict Prisoner No. 25027, PID No. 536087 Detained at central Prison, Coimbatore and for other relief. For Petitioner(s):
Mr. P.Kalimuthu 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 consider the petitioner's representation dated 21.02.2025 and grant leave without escort for 90 days to the petitioner's father, convict, namely A.G. Kumar, son of Gurusamy, Convict Prisoner No. 25027, PID No. 536087 confined at Central Prison, Coimbatore and for other relief.
2. Heard the learned counsel on either side and perused the documents. 3.The petitioner herein seeks for grant of 90 days of ordinary leave for his father/convict, without escort, on the ground that the SARFAESI
proceedings has been initiated in respect of their ancestral property in O.A.No.73 of 2013 before Debts Recovery Tribunal, Coimbatore, and the case was posted on 18.03.2025 and hence, there is an urgent need for his father's presence to appoint a new counsel to conduct their case before the DRT. Further, the convict has undergone 3 years, 10 months and 20 days of imprisonment. 4.The learned Additional Public Prosecutor produced a copy of the Probation Officer's report dated 11.04.2025, in which, the Probation Officer has now recommended for grant of leave as the reasons assigned by the petitioner is said to be false.
5. Even though the Probation Officer has not recommended for grant of leave, considering the fact that so far, the convict prisoner has not availed any 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., A.G. Kumar, S/o.Gurusamy, aged about 49 years, bearing Convict Prisoner No.25027 and PID No.536087, confined at Central Prison, Coimbatore, 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, Veerapandi 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 Inspector General Of Prisons Office Of Inspector General Of Prisons(hqrs), Whannels Road, Egmore, Chennai -600 008.
2.Deputy Inspector General Of Prisons, Coimbatore Range, Gandhipuram, Coimbatore -641 606, Coimbatore District.
3.The Superintendnet Of Prison, Central Prison, Coimbatore -641 606, Coimbatore District.
4. The Inspector of Police, Veerapandi Police Station.
M.S.RAMESH J.
AND N.SENTHILKUMAR J.
ASI 25-04-2025