Indhirani 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 INDHIRANI W/o.Rathanavelu, Sundarnaikkar Street, Poongulam Village, Panrutti Post, Cuddalore -607 103.

Petitioner(s) Vs

1. The State Rep By Its The Deputy Inspector General Of Prison, Vellore Range, Vellore- 632 002.

2.The Superintendent Central Prison, Cuddalore- 607 004.

Respondent(s)

PRAYER To call for the records connected with Impugned order dated 22.01.2025 in proceedings No.532/Thaku2/ 2025 passed by the second respondent and quash the same and directing the respondents to grant ordinary leave for 28 days without escort to the detenue, Manikandan S/o. Rathnavelu aged about 44 years bearing Convict No.16584 (PID 150355) confined at Central Prison, Cuddalore.

For Petitioner(s):

Ms.S.Sadhana 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 connected with Impugned order dated 22.01.2025 in proceedings No.532/Thaku2/ 2025 passed by the second respondent and quash the same and directing the respondents to grant ordinary leave for 28 days without escort to the detenue, Manikandan S/o. Rathnavelu aged about 44 years bearing Convict No.16584 (PID 150355) confined at Central Prison, Cuddalore.

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 son, without escort, on the ground that the petitioner has certain medical ailments and she requires the presence of her son for arranging funds for the treatment and for making arrangements for the livelihood of their family. Further, the convict has undergone 6 years, 4 months and 10 days of imprisonment.

4.The learned Additional Public Prosecutor produced a copy of the Probation Officer's report dated 31.03.2025, 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., Manikandan, S/o.Rathnavelu, aged about 44 years, bearing Convict No.16584 and PID No.150355, confined at Central Prison, Cuddalore, 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, Panruti 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 disposed of. 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, Vellore Range, Vellore- 632 002.

2.The Superintendent Central Prison, Cuddalore- 607 004.

3.The Inspector of Police, Panruti Police Station, Cuddalore.

M.S.RAMESH J.

AND N.SENTHILKUMAR J.

ASI 25-04-2025