P.Asiya Mariyam v. The Deputy 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 P.Asiya Mariyam W/o.Mohamed Kasim, No.49, Sikkanthar Batcha Anbalam Street, Ilayangudi, Sivaganga District, Pin-630 702.
Petitioner(s) Vs
1. The Deputy Inspector General Of Prisons Chennai Range, Prison Head Quarter, Whennels Road, Egmore, Chennai-600 008 2.The Superintendent Of Prisons Central Prison-1, Puzhal, Chennai-600 066 Respondent(s)
PRAYER to call for the records No.714629/Tha.Ku 2/2025 dated 7.2.2025 passed by respondent No.2 and quash the same and consequently direct the respondents to grant 60 days ordinary leave to the petitioners son M.Noorul Ameen, S/o.N.A.Mohamed Kasim, aged 30 years, convict prisoner No.7875(PID NO.93275) now confined in the Central prison, Puzhal. For Petitioner(s):
Mr. P.Pugalenthi 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 call for the records No.714629/Tha.Ku 2/2025 dated 7.2.2025 passed by respondent No.2 and quash the same and consequently direct the respondents to grant 60 days ordinary leave to the petitioner's son M.Noorul Ameen, S/o.N.A.Mohamed Kasim, aged 30 years, convict prisoner No.7875 (PID NO.93275) now confined in the Central Prison, Puzhal.
2. Heard the learned counsel on either side and perused the documents.
3. The petitioner herein seeks for grant of 60 days of ordinary leave for her son/convict without escort, on the ground that the marriage between the convict and one Siti Jaslina will be taken place on 25.05.2025 at Melappalivasal Campus, Ilayangudi. Further, the convict has undergone 8 years, 8 months and 17 days of imprisonment.
4.The learned Additional Public Prosecutor produced a copy of the Probation Officer's report dated 21.02.2025, 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 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., M.Noorul Ameen S/o.N.A.Mohamed Kasim, aged about 30 years, Convict Prisoner No.7875 and PID No.93275, confined at Central Prison, Puzhal, is hereby granted ordinary leave for a period of 28 days, without escort, commencing from 10.00 am on 20.05.2025 to 05.00 p.m of 16.06.2025. 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, Ilayangudi Police Station, daily at 05.00 p.m. except on the date of marriage (25.05.2025), 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 State Rep By Its The Deputy Inspector General Of Prison, Office Of Deputy Inspector General Of Prison, Vellore Range, Ramset Nagar, Thorapdi, Vellore-2 2.The Superintendent Of Prison Central Prison At Vellore, Ramset Nagar, Thorapadi, Vellore-2.
3. The Inspector of Police, Ilayangudi Police Station.
M.S.RAMESH J.
AND N.SENTHILKUMAR J.
ASI 25-04-2025