Kuppammal v. The State Rep By Inspsector Of Prison
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20-06-2025
CORAM
THE HONOURABLE MR JUSTICE M.S. RAMESH AND THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN and WMP No. 11144 of 2025 Kuppammal Petitioner Vs
1. The State Rep By Inspector Of Prison Coimbatore Range, Coimbatore 641 018.
2.The Superintendent, Salem Central Prison, Salem 635 007.
Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India seeking certiorarified Mandamus to call for the records pertaining to the impugned order bearing No. 8979/R3/2025 dated 25.02.2025 passed by the 2nd respondent and quash the same and consecutively direct the 1 st respondent to grant ordinary leave for 40 days without escort to the detenue, Gopi S/o. Valliyapan age about 51 years, convict prisoner bearing C. T. No. 8976 confined at Central Prison, Salem.
For Petitioner : Mr.M.Ezhilarasu For Respondents : Mr.E.Raj Thilak, Additional Public Prosecutor
ORDER
M.S.RAMESH, J.
and V.LAKSHMINARAYANAN, J.
This Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus to call for the records connected with impugned order in Proceeding No. 8979 /R3/ 2025 dated 25.02.2025 passed by the Second respondent and quash the same and directing the first respondent to grant leave for 40 days without escort to the detenue, Gopi S/o. Valliyappan aged about 51 years bearing C.T.No.8976 confined at Central Prison, Salem.
2. Heard the learned counsel on either side and perused the documents.
3. The petitioner herein seeks for grant of 40 days of leave for her son, without escort, on the ground that she has certain medical ailments and the petitioner 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 27 years, 3 months and 10 days of imprisonment. 4.The learned Additional Public Prosecutor produced a copy of the Probation Officer's report dated 17.04.2025 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 leave for a period of 40 days in exercise of our powers under Article 226 of the Constitution of India.
6. Accordingly, the impugned order passed by the second respondent in Proceeding No. 8979 /R3/ 2025 dated 25.02.2025 is hereby set aside. The convict viz., Gopi, S/o.Valliyappan, aged about 51 years, C.T.No.8976, confined at Central Prison, Salem, is hereby granted leave for a period of 40 days, without escort, commencing from 10.00 am on 25.06.2025 to 05.00 p.m of 04.08.2025. 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, Manimangalam 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 is disposed of. No costs. Consequently, the connected miscellaneous petition is closed. (M.S.RAMESH J.) (V.LAKSHMINARAYANAN J.) 20-06-2025 nl Note: Issue order copy on 24.06.2025 Index:Yes/No Speaking/Non-speaking order
To 1.The State Rep By Inspector Of Prison, Coimbatore Range, Coimbatore 641 018.
2.The Superintendent Salem Central Prison, Salem 635 007.
3. The Public Prosecutor, Madras High Court, Chennai.
M.S.RAMESH J.
AND V.LAKSHMINARAYANAN J.
nl WP No. 9946 of 2025 and WMP No. 11144 of 2025
20-06-2025'