Mohamed Sameer v. The State Represented 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 Mohamed Sameer S/o Zaheer Hussain, 16 Duraisami Naidu Chinna Metupalayam Saravampatti Coimbatore North Coimbatore 641 035 Petitioner(s) Vs

1. The State Represented By Its The Secretary To Government Of Tamil Nadu Home (Prison IV) Department, Fort St George, Chennai 09 2.The Deputy Inspector General Of Prison Coimbatore Central Prison Coimbatore 641 018 3.The Superintendent Coimbatore Central Prison Coimbatore 641 018 Respondent(s)

PRAYER Directing the respondent to grant ordinary leave fo 30 dyas without escort to the convict, Zaheer Hussain S/o Abdul Kaiyum, aged about 55 years, PID No. 382072, confined at Central Prison, coimbatore and pass For Petitioner(s):

Mr.S.Manoharan 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 30 days, without escort to the convict, Zaheer Hussain, S/o. Abdul Kaiyur, aged about 55 years, PID No.382072, 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 30 days of ordinary leave for his father, without escort, on the ground that the marriage of the petitioner/son of the convict, will be held on 01.05.2025. The petitioner states that during the course of his marriage, the presence of his father/convict is very necessary to make arrangements for the wedding and participate in the rituals and

ceremonies. Further, the convict has undergone 1 year, 10 months and 5 days of imprisonment.

4.The learned Additional Public Prosecutor produced a copy of the Probation Officer's report dated 04.03.2025, 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 21 days in exercise of our powers under Article 226 of the Constitution of India.

6. Accordingly, the convict viz., Zaheer Hussain, S/o.Abdul Kaiyum, aged about 55 years, PID No.382072, confined at Central Prison, Coimbatore, is hereby granted ordinary leave for a period of 21 days, without escort, commencing from 10.00 am on 29.04.2025 to 05.00 p.m of 19.05.2025. 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, Saravanampatti 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 28.04.2025.

To 1.The State Represented By Its The Secretary To Government Of Tamil Nadu Home (Prison IV) Department, Fort St George, Chennai 09 2.The Deputy Inspector General Of Prison Coimbatore Central Prison Coimbatore 641 018 3.The Superintendent Coimbatore Cnetral Prison Coimbatore 641 018.

4. The Inspector of Police, Saravanampatti Police Station.

M.S.RAMESH J.

AND N.SENTHILKUMAR J.

ASI 25-04-2025