Shanmugam v. The State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.04.2024 CORAM :

THE HON'BLE MR. JUSTICE M.S.RAMESH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN Shanmugam

...Petitioner/father of the detenu

vs.

The State represented by its, 1.The Secretary to Government of Tamilnadu, Home Department, Fort St. George, Chennai-600 009.

2.The Deputy Inspector General of Prison, Coimbatore Range, Coimbatore-641 018.

3.The Superintendent, Coimbatore Central Prison, Coimbatore-641 018.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents to grant ordinary leave for 30 days without escort to the detenue, Kannan @

Thamizhazhagan, S/o.Shanmugam, aged about 35 years, Convict No.18504, confined at Central prison, Coimbatore.

For Petitioner :

Mr.S.Manoharan For Respondents :

Mr.E.Raj Thilak Additional Public Prosecutor assisted by C.Aravind

ORDER

(Order of the Court was made by M.S.RAMESH,J.) The prayer in the present writ petition is for grant of ordinary leave for 30 days for the petitioner's son viz., Kannan @ Thamizhazhagan, S/o.Shanmugam, aged about 35 years, Convict No.18504, confined at Central prison, Coimbatore.

2. The learned Additional Public Prosecutor produced the Probation Officer's report dated 20.03.2024, in which it is stated that the reason cited by the petitioner, that he has some medical ailments, and the reason that the Convict Prisoner's presence is required for the purpose of making arrangements funds to admit his grandchildren in a school, are true.

3. In view of the positive report of the Probation Officer, dated 20.03.2024, and also by taking note of the fact that the Convict Prisoner is eligible for grant of ordinary leave for 28 days, we are inclined to allow the writ petition.

4. Therefore, in exercise of our powers, we permit the petitioner's father / prisoner i.e., Kannan @ Thamizhazhagan, S/o.Shanmugam, aged about 35 years, Convict No.18504, confined at Central prison, Coimbatore, to avail Ordinary Leave for a period of 28 days. Hence, the leave is granted on the following terms.

i) Respondents are directed to release the Convict Prisoner viz., Kannan @ Thamizhazhagan, S/o.Shanmugam, aged about 35 years, Convict No.18504, confined at Central prison, Coimbatore, on Ordinary Leave for a period of 28 days i.e., from 18.04.2024 to 15.05.2024.

(ii) The Convict Prisoner shall be released on 18.04.2024 at 10.00 am and surrender before the Superintendent of Prison, Coimbatore Central Prison,

Coimbatore, on 15.05.2024 at 05.30 p.m.

(iii) The Convict Prisoner is directed to report before the Inspector of Police, Tarapuram Police Station, Tiruppur District, twice a week i.e., on every Monday and Thursday at 05.00 pm, during the period of leave.

(iv) 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.

5. The writ petition stands allowed. No costs. (M.S.R.,J.) (S.M.,J.) 15.04.2024 Note to Registry:

1.Issue order copy by 17.04.2024.

2.Upload the order copy forthwith.

Anu

Copy to:

1.The Secretary to Government of Tamilnadu, Home Department, Fort St. George, Chennai-600 009.

2.The Deputy Inspector General of Prison, Coimbatore Range, Coimbatore-641 018.

3.The Superintendent, Coimbatore Central Prison, Coimbatore-641 018.

4.The Inspector of Police, Tarapuram Police Station, Tiruppur District.

5.The Public Prosecutor, High Court, Madras.

M.S.RAMESH,J.

AND SUNDER MOHAN,J.

Anu 15.04.2024