Annakodi v. The State Rep. By Its

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 ANNAKODI W/o.Mogan, D.No.68 Chetty Thottam Puthur, Vazhithottam, Erode District-638 109.

Petitioner(s) Vs

1. The State Rep. By Its The Deputy Inspector Of General Of Prison, Coimbatore Zone, Coimbatore-641 108.

2. The Superintendent, Coimbatore Central Prison, Coimbatore - 641 108.

Respondent(s)

PRAYER Directing the to respondents to grant 28 days of ordinary leave without escort to the convict, Mogan aged about 45 years, S.No.Nadaraj, bearing Convict No.22359 and PID No.39504 confined at Central Prison, Coimbatore For Petitioner(s):

M/s.P.Bakiyaraj 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 direct the respondents to grant ordinary leave of 28 days, without escort to the convict, Mogan, S/o. Nadaraj, aged about 45 years, Convict No.22359 and PID No.39504 confined at Central Prison, Coimbatore.

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 for her husband, without escort, on the ground that the petitioner has certain medical ailments and she requires the presence of his husband for arranging funds for the treatment and for making arrangements for the livelihood of their family. Further, the detenue has undergone 5 years, 11 months and 8 days of imprisonment.

4.The learned Additional Public Prosecutor produced a copy of the Probation Officer's report dated 19.03.2025, in which, the Probation Officer has not 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 the convict prisoner had already availed only three days emergency 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., Mogan, S/o.Nadaraj, aged about 45 years, bearing Convict No.22359 and PID No.39504, confined at Central Prison, Coimbatore, 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, Sivagiri 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 Deputy Inspector Of General Of Prison, Coimbatore Zone, Coimbatore-641 108.

2. The Superintendent, Coimbatore Central Prison, Coimbatore - 641 108.

3. The Inspector of Police, Sivagiri Police Station.

M.S.RAMESH J.

AND N.SENTHILKUMAR J.

ASI 25-04-2025