Nagaraj v. The Deputy Inspector General Of Prisons

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.07.2025

CORAM

THE HONOURABLE MR. JUSTICE M.S.RAMESH and THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN and W.M.P.No.11626 of 2025 Nagaraj, (aged 30 years), S/o.Jayaraman, Convict Prisoner, Ct.No.9091, Central Prison, Puzhal, Chennai - 600 066.

.. Petitioner Vs.

1.The Deputy Inspector General of Prisons, Chennai Range, Prison Head Quarters, Whannels Road, Egmore, Chennai - 600 008.

2.The Superintendent of Prisons, Central Prison - 1, Puzhal, Chennai - 600 066.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records in the order dated on 03.03.2025 bearing No.780333/tha.ku.2/2025 passed by the 2nd respondent and quashing the 1/6

same, and directing the respondents to grant ordinary leave for the petitioner namely Nagaraj, S/o.Jayaraman, aged 30 years, Convict Prisoner, Convict No.9091, Central Prison, Puzhal. For Petitioner :

Ms.S.Nadhiya For Respondents :

Mr.E.Raj Thilak Additional Public Prosecutor

O R D E R

(Order of the Court was made by M.S.RAMESH, J.) This Writ Petition has been filed challenging the impugned order dated 03.03.2025 of the 2nd respondent, rejecting the representation of the petitioner / life convict seeking grant of ordinary leave to him, on the ground that since the life convict has not completed three years of imprisonment, he is not eligible for grant of ordinary leave. 2.The learned counsel for the petitioner submitted that to make arrangements for the education of the life convict's children and to repair his house and also to make livelihood arrangements, the life convict / petitioner has sought for ordinary leave for him. He further submitted that the life convict has undergone more than 3 years of imprisonment and therefore, sought for grant of ordinary leave. 2/6

3.The learned Additional Public Prosecutor has produced the performa of the life convict dated 31.03.2025 and report of the Probation Officer dated 12.03.2025. The Probation Officer in her report has not recommended for grant of ordinary leave to the petitioner, since the petitioner who previously availed leave for the same reason has not fulfilled anything.

4.Since the petitioner/life convict has completed three years of imprisonment on 05.07.2025, the reason for rejecting the petitioner's request for grant of ordinary leave to him has become redundant. Though the Probation Officer has not recommended to grant leave to the life convict, considering the fact that the life convict has completed more than 3 years of imprisonment as well as the reasons assigned in the affidavit filed in support of this petition, we are inclined to grant 6 days of emergency leave to the petitioner/life convict. 5.Accordingly, the impugned order passed by the 2nd respondent in No.780333/tha.ku.2/2025, dated 03.03.2025, is hereby quashed. Consequently there shall be a direction to the respondents herein, to grant 3/6

6 days emergency leave "without escort" to the petitioner / life convict namely Nagaraj, S/o.Jayaraman, aged 30 years, LCT No.9091 (PID No.5404), confined at Central Prison, Puzhal, Chennai, commencing from 17.07.2025 to 22.07.2025, with a condition that the life convict shall report before the jurisdictional Police i.e. Sriperumbudur Police Station, Kanchipuram District, daily at 10.30 A.M. After expiry of the Ordinary Leave, the life convict shall surrender before the Jail Authority on 22.07.2025 before 05.30 P.M. The life convict shall utilize the leave only for the purpose for which it has been granted and shall not indulge in any other activities.

6.With the above direction, the Writ Petition stands allowed. Consequently, the connected miscellaneous petition is closed. No costs. (M.S.R., J) (V.L.N., J) 11.07.2025 krk Index : Yes / No Internet : Yes / No : Yes / No NOTE : Issue order copy on 16.07.2025.

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To 1.The Deputy Inspector General of Prisons, Chennai Range, Prison Head Quarters, Whannels Road, Egmore, Chennai - 600 008.

2.The Superintendent of Prisons, Central Prison - 1, Puzhal, Chennai - 600 066.

3.The Inspector of Police, Sriperumbudur Police Station, Kanchipuram District.

4.The Public Prosecutor, High Court, Madras.

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M.S.RAMESH, J.

and V.LAKSHMINARAYANAN, J.

krk 11.07.2025 6/6